Brooks trial judge: Jury can hear horse vet's testimony

A federal judged ruled again Friday that a former veterinarian for accused swindler David Brooks could testify with the jury present, again rejecting claims by Brooks' defense team that a type of legal agreement between Brooks and the veterinarian bars him from testifying.

The ruling by U.S. District Court Judge Joanna Seybert in Central Islip allows the jury to hear evidence on the claim that Brooks asked the vet, Dr. Seth Fishman, for a pill to wipe out the memory of the prosecution's chief witness, Dawn Schlegel. She is the former chief financial officer at Brooks' DHB Industries, which was based in Westbury and made body armor.

Brooks is charged with looting his former company and stockholders of almost $190 million through a fraudulent stock scheme and spending company millions on personal expenses. Brooks dealt with Fishman as one of the largest owners of trotting horses in North America.

Earlier in the day, with the jury box empty, Fishman testified Brooks was obsessed with getting the pill and brought the subject up on at least four occasions in the summer of 2006 - three times in Florida and once in St. Tropez, France. "He insisted that there has got to be some magic pill," Fishman said about one conversation, under questioning by Brooks' lead defense attorney, Kenneth Ravenell.

Brooks told him he needed the pill because he was afraid Schlegel would lie about him when the company began to come under investigation, Fishman said. "By the look on his face . . . I felt he was fairly serious," Fishman said of another conversation about an amnesia drug.

When he told him no such drug existed, Fishman said, Brooks "refused to believe that there wasn't something he was asking for." Finally, Fishman said, he told Brooks: "I would be compelled to say something if Dawn Schlegel had no memory."

The attempt to keep the jury from hearing that, which failed Friday with Seybert's decision, was the second by the defense team. She rejected an earlier attempt April 29.

Brooks' attorneys had argued Fishman had the equivalent of a lawyer-client relationship with Brooks. Assistant U.S. Attorney Christopher Caffarone said Fishman might be called to testify when the trial resumes Monday.