VMbytes

The prosecution waltzed into the second day of the first backdating trial - the case against ex-Brocade CEO Greg Reyes - armed with 11th hour testimony from ex-Brocade HR staffer June Weaver that Reyes - whose defense is that he didn’t know backdating was wrong - told her, ‘It’s not illegal if you don’t get caught.’ Judge Charles Breyer, who called the statement ‘inculpatory,’ had to go off and decide whether the jury would hear the Weaver punch line because the prosecution didn’t share it with the Reyes’ lawyers until Tuesday morning.

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