Federal prosecutors, under scrutiny for failing to turn over favorable evidence to a defendant, told a judge they didn't act in bad faith — even as emails showed them discussing whether they might try to 'bury' a document they were giving to the defense.
The historic Thurgood Marshal U.S. Courthouse building, right, in New York City. A judge is assessing a case there after prosecutors admitted missteps, although they said with no malice intended.The historic Thurgood Marshal U.S. Courthouse building, right, in New York City. A judge is assessing a case there after prosecutors admitted missteps, although they said with no malice intended.
Prosecutors now say the document was not, in fact,"buried" because they turned it over less than 24 hours after the email discussion.Their July 2 letter said the prosecutor who wrote the email was"endlessly chagrined about this chat" and added that"we believe it would go too far to condemn her for a Friday night lapse in thinking regarding a document that was in fact disclosed Saturday afternoon.
Squabbles over turning over documents, known as discovery, are common in federal criminal cases. But it's rare for a judge to demand that the government identify lawyers and supervisors involved in evidence-sharing lapses. Aside from the discussion of whether to"bury" a government exhibit, Sadr's lawyers said the prosecution team had engaged in even more"egregious wrongdoing" by misrepresenting a search of emails before the March 2020 trial began.The entire case started with an investigation by the Manhattan District Attorney, who subpoenaed Sadr's emails as part of a state-run probe. Later, the D.A.'s office passed them to the FBI.
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