Judge Dresses Down Federal Prosecutors

Posted by Tim Lynch

When we hear the phrase “witness intimidation” we’re likely to think of a gang member who is on trial or about to go on trial and, to evade justice, tries to have key witnesses change their story so the case will collapse.  We hardly ever hear about cases where the prosecutors try to intimidate witnesses.  But it happens.  In an extraordinary proceeding this week in Santa Ana, CA, a federal judge reprimanded prosecutors for contemptible conduct toward witnesses.  This story needs telling.

Here’s the gist of the case: William Ruehle was charged with criminal securities law violations.  Mr. Ruehle’s defense was that his actions were always made in good faith — that he did not act with criminal intent.  That’s an important aspect of the case.  To take another example that most people can relate to, we all know the tax code is very complicated.  People (including IRS employees) make honest mistakes about it all the time.  Under the law, the government can only make a case for criminal tax evasion if it can persuade a jury that the person accused knew what the tax law required and proceeded to violate it anyway.  

Crucial to Mr. Ruehle’s defense were three witnesses whom he wanted to call on his behalf at trial.  They were familiar with his business dealings and would support his good faith defense.  That was the plan anyway. 

In preparation for trial,  prosecutors embarked on an outrageous mission to “flip” or  destroy the defense witnesses.  One lady was fired from her job after prosecutors called her employer and spread innuendo.  Prosecutors then pressured her into pleading guilty to some offense that allegedly took place seven years earlier  – a very peculiar prosecution under the surrounding circumstances.  And then her plea deal was contingent upon this lady changing her story to support the prosecution, not Mr. Ruehle.  Taking all this in, the judge said he had ”absolutely no confidence that any portion of [this lady's] testimony was based upon her own independent recollection of events as opposed to what the government thought her recollection should be on those events.” 

And that’s just one witness.  It gets worse.

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