The “Confidential Informant”
The first disgruntled ex-employee to testify was also the Government’s “confidential informant” and the original impetus for the criminal investigation. Unfortunately for the government, only hours into the trial under what the Court described as “stealthful cross-examination” this ex-employee recanted significant portions of his direct testimony and, after being confronted with his grand jury testimony, it became clear that he had probably perjured himself. At that point, the district court immediately excused the jury and lectured the ex-employee on the penalties of perjury.
The ability to effectively cross-examine the ex-employee was based upon the numerous in-depth interviews with him as well as interviews with his former supervisors and fellow employees. Based upon exhibits, the previous interviews and statements, and his grand jury testimony, the defense team was able to completely discredit this ex-employee “confidential informant.” In fact, the testimony elicited from this ex-employee on cross-examination was that most of the Clean Water Act non-compliances alleged could be specifically traced to his bungled sampling techniques which artificially increased minor non-compliances and created non-compliances when in fact no samples should have been taken. The successful cross-examination of this ex-employee early in the trial set the tone for the balance of the trial.
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
WDJiii