In a stiff rebuke to the U.S. Attorney’s Office, a federal judge has refused to reopen a suppression hearing to allow the prosecutor to add critical evidence, saying the government’s excuse for the prosecutor’s mistake at the original hearing simply wasn’t good enough.

“The sole ‘excuse and apology’ that the government now offers is that it did not present the available evidence because the prosecutor, mistakenly, did not believe she had to,” U.S. District Judge Stewart Dalzell wrote in United States v. Coward.

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