Kozlowski and Swartz File Cert Petition

L. Dennis Kozlowski and Mark H. Swartz, the former CEO and CFO of Tyco International were convicted in New York State court and are presently serving their prison sentences. (see here for background). They are now petitioning the Supreme Court for cert with the following question being presented for review:

Whether a criminal defendant's right to present a defense under the sixth and fourteenth amendments is violated when the court quashes his subpoena for the recorded, investigatory-stage statements of the key prosecution trial witnesses - statements which were found likely to be exculpatory - because the defendant did not seek to interview the witnesses himself before he had been accused of the crime for which he was tried.

Petition for Cert - Download Kozlowski_Cert_Petition_April_2009

(esp)(w/ a hat tip to Peter Henning)(blogging from Washington, D.C.)