Judge Matz’s final order dismissing the indictments against the Lindsey and Lee defendants can be downloaded here.
He said in part:
In this Court’s experience, almost all of the prosecutors in the Office of the United States Attorney for this district consistently display admirable professionalism, integrity and fairness. So it is with deep regret that this Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for search warrants and seizure warrants, improperly reviewed e-mail communications between one Defendant and her lawyer, recklessly failed to comply with its discovery obligations, posed questions to certain witnesses in violation of the Court’s rulings, engaged in questionable behavior during closing argument and even made misrepresentations to the Court.
Consequently, the Court throws out the convictions of Defendants Lindsey Manufacturing Company, Keith E. Lindsey and Steve K. Lee and dismisses the First Superseding Indictment.
Today, Jan Handzlik, counsel for the Lindsey defendants, said: “We are very thankful for the ruling. It’s a great day for Keith Lindsey and Steve Lee. But it’s also a great day for the fair administration of justice. Without an independent judiciary and fair-minded judges, days like this wouldn’t be possible.”
Would be interesting to know the names of the prosecutors involved. In fact, it would be great to have such a list available so one can be on guard in future litigation against this kind of sloppy and irresponsible work.
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