UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
March 19, 2010
UNITED STATES OF AMERICA,
SANDRA HATFIELD, DAVID H. BROOKS, PATRICIA LENNEX DEFENDANTS.
The opinion of the court was delivered by: Seybert, District Judge
On March 18, 2010, Mr. Brooks' attorney, Kenneth Ravenell, repeatedly asked witness Dawn Schlegel if she lied under oath when she testified about her relationship with Eiran Adar. Mr. Ravenell then repeatedly insinuated that he had an e- mail which proved that Ms. Schlegel lied under oath. But, at sidebar, Mr. Ravenell refused to show this e-mail either to Ms. Schlegel or the Government, and made no effort to admit the e- mail into evidence. This is unacceptable, and more akin to Sen. Joseph McCarthy's famous speech in Wheeling, West Virginia than anything that should take place inside a courtroom.*fn1 Mr. Ravenell is directed to provide both the Court and the Government with a copy of this alleged e-mail by 12:00 p.m. on March 20, 2010. Mr. Ravenell is further directed to show this e-mail to Ms. Schlegel at the beginning of his March 22 cross-examination, and ask her to authenticate it. If Ms. Schlegel fails to authenticate it, Mr. Ravenell (or one of Mr. Brooks' other attorneys) is directed to authenticate it by other means, outside the jury's presence. If Mr. Brooks' counsel cannot authenticate it, the Court will strike, in its entirety, Ms. Schlegel's cross-examination testimony with respect to her sexual relationship with Mr. Adar. The Court will further order the jury to disregard this testimony.
Joanna Seybert, U.S.D.J.