Rose further ruled that Keller must submit a declaration identifying the source of every non-testimonial piece of evidence for all of his future trials and attesting it has not been suppressed.
Rose ruled that a finding of criminal contempt was not appropriate, but that “the conduct nonetheless fell below the high standard required of federal prosecutors and violated the Ohio Rules of Professional Conduct.”
Rose ruled that Keller violated the court’s order to suppress all evidence seized from a pickup truck parked outside of Sember’s residence.
Sember contended that the search warrant only allowed items to be taken from Sember's house, not his shed or pickup. He also alleged FBI officials removed a surveillance system.
Rose wrote that Keller “was both careless in his management of the evidentiary file and made assumptions about the source” of the document.
Prosecutors made a motion for Rose to reconsider, which he did, and the judge on Tuesday removed Keller’s co-counsel Julie McCammon from the reprimand and requirement to identify the source of evidence at future trials.
Rose had ordered McCammon to file a document explaining her role in the case. McCammon wrote that she had nothing to do with the document’s use. Keller wrote the same thing in a document.
In court documents unsealed by Rose, Keller wrote that the error was inadvertent and, “For this failure, the undersigned sincerely apologizes.”
When asked to comment, Southern Ohio District U.S. Attorney’s Office spokesman Fred Alverson wrote: “The judge concluded that the lead counsel was solely responsible for the unintentional violation of the court’s suppression order by introducing a document that both parties used without objection at trial.
“We of course will comply with the court’s order as we continue to work diligently to deliver justice on behalf of the people of the southern district of Ohio.”
Sember’s attorney, Lawrence Greger, who brought the issue to Rose’s attention, wrote that, “I did not object because I could never believe that in fact the government would use and admit a document a court suppressed,” according to court documents.
Alverson said that Keller will face an automatic review by the U.S. Dept. of Justice’s Office of Professional Responsibility. Alverson said that process is not yet complete.
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