Not only had the emails been retrieved in preparation for trial, IMO the Q lawyer lied to the judge about their existence because I find it impossible to believe that Q's attorneys did not know of these emails sent/received to and from one of its main witnesses until a week before trial. If they truly did not know about them, something incomprehensible to me, the lack of preparation and incompetence is absolutely stagering and monumental. I don't think that trial team, though ineffective and sloppy, was that bad. They lied to the judge, IMO, and there's no better way to lose a case than to get caught lying to the judge.
I don't like this one bit, but they appear to be the facts.
Here's the court opinion and the judge's comments. If I were the judge, there would have been hell to pay, and there still may be:
"Finally, it was not until Ms. Raveendran’s cross examination on one of the last days of trial, January 24, 2007, that she revealed that emails sent to her as a result of her being on the Ad Hoc Group email list had been pulled from her computer in preparation for her testimony:
Q Did you receive mailings from the ad hoc committee identified in this exhibit?
A During the preparation for this testimony, there were some e-mails pulled out of my e-mail box. E-mail archive.
Q Were they produced to Broadcom?
A I don't know.
Q All right. But during the preparation for your testimony in this case, emails to you as a result of your being on this list were pulled out of your e-mail box, correct?
A Yes.
(Trial Tr., 53, Jan. 24, 2007).
This court testimony came less than a week after Qualcomm’s counsel represented to this Court at side bar on January 18, 2007, that “there’s no evidence that any e-mail was actually sent to this list. This is just a list of e- email . . . addresses. There’s no evidence of anything being sent.” (Trial Tr., 92, Jan. 18, 2007.)
After these emails were finally produced to Broadcom and to the Court during the lunch recess on January 24, Ms. Raveendran retook the stand to confirm that she had received at least twenty-one emails from the JVT ad hoc group dated September 2002 through March 2003. (Trial Tr., 198 - 200, Jan. 24, 2007; Def’s Exs. 5844 - 64.)" |
