The federal judge in the on going David Brooks trial in New York issued a scathing ruling yesterday which cited the former Standardbred owner and breeder for contempt of court reports Newsday.
The ruling is a result of the fact that Brooks' defense team would not hand over computer history of an email they used to attempt to undermine the government's key witness against Brooks.
The ruling means that Brooks will now have three trials, the ongoing on for charges of fraud ($185 million), followed by one for alleged income tax evasion and then the trial for the contempt charge.
Judge Joanna Seybert had asked several times for the computer history to verify the email which Brooks' attorneys originally agreed to only to provide "two mysterious pieces of paper" which they claimed was the history but which couldn't be verified she said.
"The court is tired of giving Mr. Brooks second and third chances to comply with its instructions," Seybert wrote.
Brooks and his defense team attempted to use various privileges, including Fifth Amendment, as his protection from having to turn over the computer history.
The judge called those arguments "frivolous" as a judge has the right to now in secret (as she requested) where documents that are being entered as evidence originated.
The history of the case may be read through the link below.
Brooks' Trial Stories