Government attorneys have filed a motion asking Federal Judge Leonie Brinkema to reconsider her order striking all aviation evidence. Brinkema issued the order following disclosure that TSA attorney Carla Martin violated Brinkema’s previous order regarding communication with potential witnesses.
The motion argues that the witnesses were not affected by Martin’s emails and comments, that exclusion of witnesses is unprecedented, that Brinkema’s order precludes the government from using any alternative means of proof including the use of other witnesses with whom Martin had never contacted, and that the punishment on the government’s case is misplaced and that punishment should be directed toward Martin for her apparently criminal behavior.
UPDATE: The New York Times has an interesting analysis on the difference between witness preparation and witness coaching. The story also points out a 4th Circuit case reversing an order similar to the one issued by Judge Brinkema in this case.