and unethically and probably flatly illegally:
Carney found that prosecutors tried to prevent three key defense witnesses from testifying, improperly contacted attorneys for defense witnesses and leaked information about grand jury proceedings to the media.
"I find that the government has intimidated and improperly influenced the three witnesses critical to Mr. Ruehle's defense and the cumulative effect of that misconduct has distorted the truth-finding process and impeded the integrity of the trial," Carney said. "To submit this case to the jury would make a mockery ... of the constitutional right to due process and a fair trial."
The judge said Nicholas would need the same three defense witnesses to try to prove his own innocence, and because of that, he too could not receive a fair trial.
"You only have three witnesses to prove your innocence and the government has improperly intimidated ... each one of them. Is that fair? Is that justice?" Carney said. "I say, absolutely not."
I'd say so.
Prosecutors left court without talking to reporters, but acting U.S. Attorney George Cardona told the judge he did not agree with the ruling(big surprise, isn't it?). Prosecutors can appeal the dismissal of Nicholas' indictment, but Ruehle cannot be tried again because it would be double jeopardy.
Aw, he doesn't agree that someone he screwed over shouldn't be hung just because he wants it and broke the rules trying to get it; isn't that just terrible?
Ruehle's attorneys alleged that lead prosecutor Andrew Stolper leaked information about Samueli's 2007 grand jury appearance to reporters and contacted the attorneys of two other witnesses to try to influence their testimony.
One of those was former Broadcom general counsel David Dull, who was granted immunity to testify in Ruehle's case.
In a hearing away from the jury last week, Stolper acknowledged leaking information to the press and called it the "stupidest thing I have done in my career."
He has declined to comment outside court.
Every one of these clowns needs to face serious punishment, and prosecution if possible. I don't know if the accused were guilty or not, and it doesn't matter: the prosecution has rules to follow, and they not only didn't follow them, they frickin' ignored them. And this is what happens when you do that and get caught.
Which brings up the question, how many times have they done this before, and gotten away with it?