Unusual Events At Trial
- The direct examination of Leonard by defense council was foreclosed by the Court.
- The trial was ordered to end after only three weeks of defense presentation, although the prosecution was permitted eight weeks with Fridays off.
- The defense was not permitted to examine its last four witnesses.
- Defense witnesses were not granted immunity for their testimony.
- Skinner was prevented from re-testifying a second time when called by the defense. His immunity was not extended to this testimony on further issues of government misconduct.
- At the end of the proceedings when the Court summarily denied the motions on misconduct and suppression, the defense had not finished presentation of all exhibits needed for the Court to consider the motions, nor had the defense finished its proffer in which to further supplement the motions. No reference was made to written findings being entered at a later date.
- The defense was not allowed to inquire of immunized/proffered witnesses (i.e. those with nonprosecutorial agreements) about the sentence they avoided, such as mandatory life imprisonment.
- Defense immunity was denied to all witnesses after Skinner testified as a defense witness outside the presence of the jury, discussing government misconduct. Immunity was not extended after that testimony, even though Skinner ws recalled by the defense to discuss further government misconduct.
- A 1-1.5 day continuance was not permitted to the defense to accommodate those individuals who could not make travel arrangements, eliminating four defense witnesses at the conclusion of the trial.
- Only 45 minutes was allowed to prepare for the instructions to the jury. No time was extended to prepare closing arguments.
- No instructions were given to the jury on the public authority defense, or 'entrapment by estoppel', as required based on the record.
- Breach of conditions of immunity by Skinner was withheld, as were earlier reports of drug trafficking at the base by Skinner.