United States v. Treacy

Amicus curiae brief of the National Association of Criminal Defense Lawyers and the New York State Association of Criminal Defense Lawyers in support of appellant.

Brief filed: 02/04/2010


United States v. Treacy

2nd Circuit Court of Appeals; Case No. 09-3939-cr


Newspaper reporter was called by government to explain quotes attributed to defendant regarding backdating of stock options, and the trial court overruled the reporter’s motion to quash his subpoena on reporter’s privilege ground. However, when defendant sought to cross-examine reporter, the court deferred to the reporter’s claim of privilege and dictated a few open-ended questions the court would permit defense counsel to ask. The process denied defendant’s fundamental Sixth Amendment right to confront the witness and challenge the government’s evidence.

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Joel B. Ruden, New York, NY, and Richard D. Willstatter, Green & Willstatter, New York, NY.