Evidence

Judge Calls Countrywide ‘Re-Created’ Letters a Smoking Gun

A lawyer for a borrower being pursued by Countrywide Financial Corp. had a question: Why did a letter purportedly sent in September 2003 have an office address for him that he didn’t move to until after that date? The letter was one of three supposedly notifying the client of Kenneth…

Jan 8, 2008 5:44 PM CST

Boston Chief Judge Raps DOJ in Mukasey Letter

Boston’s chief federal judge has written a letter to Attorney General Michael Mukasey criticizing the U.S. Justice Department for lax discipline of a federal prosecutor who withheld evidence and a failure to be candid with the court. Chief Judge Mark Wolf asked disciplinary authorities to investigate assistant U.S. attorney Jeffrey…

Jan 8, 2008 1:57 PM CST

Six Lawyers Referred to Calif. Bar for Qualcomm Discovery Abuse

A federal magistrate has referred six lawyers to the State Bar of California for possible discipline because of discovery violations in their representation of Qualcomm Inc. in a patent infringement dispute. Five of the lawyers are from Day Casebeer Madrid & Batchelder, and one is from Heller Ehrman, the Recorder…

Jan 8, 2008 12:38 PM CST

Sullivan & Cromwell Sues Electronic Discovery Firm

Sullivan & Cromwell has filed a lawsuit against an electronic discovery firm it hired for a major case that contends the company blew deadlines and made errors in document production. The suit against Electronic Evidence Discovery Inc. says the law firm had to divert staff and resources to deal with…

Jan 7, 2008 12:51 PM CST

Congresswoman Releases Letter Opposing Videotape Destruction

A congresswoman has released a copy of a letter she sent to the CIA in February 2003 urging against destruction of the agency’s videotapes of harsh interrogations of terrorism suspects, the Washington Post reports. U.S. Rep. Jane Harman, D-Calif., said in the letter that she had learned of the planned…

Jan 4, 2008 3:28 PM CST

Amnesty International Successfully Asserts Reporter Privilege

Using a test that protects journalists from disclosing sources, a New York federal judge has ruled that Amnesty International does not have to reveal the names of lawyers who complained of being videotaped while talking to Sept. 11 detainees at a Brooklyn lockup. Judge Viktor Pohorelsky issued the ruling protecting…

Jan 3, 2008 4:03 PM CST

DA Who Wrote Amorous E-Mail Won’t Run for Re-Election

The most powerful prosecutor in Texas has decided he won’t run for re-election in what appeared to be a last-minute deal with political leaders, the New York Times reports. District Attorney Charles Rosenthal of Harris County withdrew his name yesterday after the disclosure last week of intimate e-mail exchanges with…

Jan 3, 2008 3:10 PM CST

Fear of the ‘Native’

How e-discovery data is delivered can be a costly decision

Jan 1, 2008 9:23 PM CST

Judge Holds Off on Hearing to Probe CIA Tape Destruction

A federal judge has for the time being declined to order a hearing during which the government would have to explain the destruction of CIA videotapes that show harsh interrogation of suspected al-Qaida operatives. The request for the hearing was made to U.S. District Judge Henry H. Kennedy on behalf…

Dec 21, 2007 8:33 PM CST

Fifth Lawyer Said to Oppose Destruction of CIA Videotapes

The Washington Post reports that a fifth lawyer, former CIA general counsel Scott Muller, argued against destroying two videotapes of the interrogation of al-Qaida suspects. Sources told the Post that Muller opposed the destruction until he left the agency in late 2004. The tapes were destroyed in 2005. A judge…

Dec 21, 2007 3:26 PM CST

Biased Comments Bench Fla. Judge

A Florida appeals court has removed a state judge from presiding over a blackmail case in which her comments implied that she might not be fair to the prosecution. After Grammy-winning singer, Alejandro Sanz, who is the victim of the alleged blackmail attempt, objected to his deposition in the criminal…

Dec 20, 2007 6:26 PM CST

Driver With Amnesia Not Competent for Car Homicide Trial?

A Washington state woman found guilty of vehicular homicide concerning an auto accident she can’t remember has filed an appeal seeking to overturn the felony conviction, arguing that she was unable to assist in her own defense. Cleora Swirtz, now 25, also suffered life-threatening injuries in the 2004 accident that…

Dec 19, 2007 7:50 PM CST

At Least Four White House Lawyers Debated Videotape Destruction

White House officials were more involved in discussions about the destruction of videotaped interrogations of al-Qaida suspects than previously reported. At least four White House lawyers were part of the discussions, the New York Times reports. They are Alberto Gonzales, who was White House counsel until early 2005; Harriet Miers,…

Dec 19, 2007 11:37 AM CST

New Defense Warning: Don’t Brush?

Don’t talk to police. Don’t talk to your cellmate. And, whatever you do, don’t brush your teeth. This could soon be standard advice from criminal defense lawyers to clients, if a recent Illinois evidentiary ruling is any indication. An accused rapist who refused to give a DNA sample has nonetheless…

Dec 18, 2007 5:26 PM CST

Judge Orders Hearing Into Destruction of Interrogation Videotapes

A federal judge has scheduled a hearing (PDF) Friday to consider whether the CIA violated a court order barring the destruction of evidence by destroying two videotaped interrogations. U.S. District Judge Henry Kennedy of Washington, D.C., refused a Justice Department request to stay out of the controversy, the Associated Press…

Dec 18, 2007 4:56 PM CST