Brooks trial judge holds off on e-mail issue

A federal judge Tuesday backed off an earlier threat to hold former body-armor magnate David Brooks in contempt, saying she will not review the computer history of a disputed e-mail involving the government's key witness until she has had a chance to study legal issues surrounding the surrender of the history.

Brooks' attorneys agreed to turn over the metadata, or computer history of the e-mail, Tuesday in secret after U.S. District Judge Joanna Seybert, in Central Islip, threatened to hold Brooks in contempt of court if they did not. Metadata would show when an e-mail was created and how and when it had been altered.

The defense also argued government use of the e-mail history in possible future prosecutions was covered by the Fifth Amendment privilege against self-incrimination.

But Seybert said unresolved legal issues remained after federal prosecutor James Miskiewicz argued the e-mail history should not be secret but should be made available to prosecutors and the public.

Miskiewicz also said that prosecutors needed to know specifically who the defense attorneys were claiming was covered by the Fifth Amendment privilege.

He added prosecutors might be hindered in future if they do not know specifically now who was covered by the Fifth Amendment claim before the metadata was revealed, if Seybert should rule that the e-mail data showed the document was a forgery.

Miskiewicz said this was because, hypothetically speaking, the government might be put in the position of prosecuting someone who could claim that evidence was being used that was barred by the Fifth Amendment.

Defense attorneys have been trying to use the e-mail to discredit witness Dawn Schlegel's credibility in linking Brooks to a $190-million fraud at his former Westbury-based DHB Industries.