Prosecutors Be Forewarned: Intimidating and Improperly Influencing Witnesses Could Lead to Acquittal.
Honorable Cormac J. Carney, a judge in the Central District of California, Southern Division, entered a judgment of acquittal in favor of the defendant based on a lack of evidence. There was trial testimony, however, the judge struck the testimony based on the prosecutor’s misconduct in intimidating and improperly influencing witnesses. Here are some of the highlights of the misconduct found by the court as to one of the witnesses:
Among other wrongful acts the government, one, unreasonably demanded that Dr. Samueli submit to as many as 30 grueling interrogations by the lead prosecutor.
Two, falsely stated and improperly leaked to the media that Dr. Samueli was not cooperating in the government’s investigation.
Three, improperly pressured Broadcom to terminate Dr. Samueli’s employment and remove him from the board.
Four, misled Dr. Samueli into believing that the lead prosecutor would be replaced because of misconduct.
Five, obtained an inflammatory indictment that referred to Dr. Samueli 72 times and accused him of being an unindicted coconspirator when the government knew, or should have known, that he did nothing wrong.
And seven, crafted an unconscionable plea agreement pursuant to which Dr. Samueli would plead guilty to a crime he did not commit and pay a ridiculous sum of $12 million to the United States Treasury.
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