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Rosenthal faces serious federal contempt accusations
12:31 AM CST on Friday, January 4, 2008
The rule of law is the same, no matter which courthouse you are in. In federal court, that rule comes from the judge.
"The one thing you don't do is ignore (a judge’s order) and do what you want,” said 11 News legal expert Gerald Treece.
Attorney Lloyd Kelley contends that Harris County District Attorney did indeed ignore a judge’s order to turn over documents and e-mails.
The problem for Rosenthal is that Federal Judge Kenneth Hoyt says in his order calling for a contempt hearing, "There appears to be merit in the motion."
Merit in a series of filings from Kelley, suggesting that Rosenthal knowingly deleted e-mails from his computer, days after the same e-mails were ordered to be turned over to the court.
Essentially the accusations are that Rosenthal destroyed evidence.
“If you just look at the documents filed you'd think this was the Watergate case,” Treece said. "If you are destroying evidence, you have now moved from the three-foot end of the pool to the deep end of the pool real quickly."
Several things could happen now. After the hearing, Judge Hoyt could accept the DA's answers and simply move on. Or he could find Rosenthal in contempt.
"The question of contempt, civil, or criminal could lead to other things,” said Treece. “(It) could lead to obstruction of justice, which is a significant federal problem. Or even perjury."
Hoyt could refer the matter to the U.S. Attorney, leading to criminal charges. Rosenthal already had a chance to respond to the allegations in court filings.
Still, the judge ordered the allegations have merit.
Now he'll hear the answers in person, not on paper.
“Maybe they have answers. But if they don't this is just the preface to the problem,” said Treece.
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