Federal Judge Dismisses Case Against Prominent Physician

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Criminal defense specialists at Bienert, Miller & Katzman obtain order suppressing evidence which leads to dismissal of all charges in high profile criminal case.

On November 21, 2017, Judge Cormac Carney of the Central District of California granted the government’s motion to dismiss all charges against renowned cancer surgeon Mark Rettenmaier. Dr. Rettenmaier had been charged with multiple felonies after computer repair employees at Best Buy claimed to have found alleged contraband on one of his computers.¹

The case drew national attention after Bienert, Miller & Katzman attorneys uncovered that Best Buy had numerous paid government informants working at its computer repair facility in Kentucky, where Dr. Rettenmaier’s computer was sent for repair. Judge Carney held a lengthy evidentiary hearing where the defense proved that the affidavit used to obtain a search warrant for Dr. Rettenmaier’s home contained numerous false statements and omissions. Notably, it wrongly omitted the fact that the alleged contraband on the computer submitted to Best Buy was located on the computer’s “unallocated space,” so that it was virtually inaccessible to Dr. Rettenmaier. Because the FBI misled the magistrate judge who issued the warrant, Judge Carney suppressed all evidence that the government had obtained with the warrant. The government chose not to appeal Judge Carney’s Order and eventually decided to dismiss the entire case.²

According to defense counsel James Riddet, “The government’s decision to dismiss was not terribly surprising in light of Judge Carney’s ruling, since the only evidence they had left was alleged contraband that Dr. Rettenmaier could not access and that could have gotten into the unallocated space of his computer without his knowledge.”

The case was extensively litigated by the trial team of James D. Riddet and Kenneth M. Miller of Bienert, Miller & Katzman, PLC in San Clemente, California. The attorneys of Bienert, Miller & Katzman routinely handle high profile criminal defense matters. Learn more at http://www.bmkattorneys.com.

¹See United States v. Rettenmaier, United States District Court for the Central District of California, Case No. 14-00188-CJC.

²See United States v. Rettenmaier, United States District Court for the Central District of California, Case No. 14-00188-CJC.

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Marie Ekberg Padilla
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