Judge Rules Boston Prosecutor Unintentionally Withheld Evidence

A judge who has been sharply critical of federal prosecutors in Boston has decided not to punish Assistant U.S. Attorney Suzanne Sullivan for withholding evidence from a defendant.

Federal prosecutor Sullivan failed to turn over exculpatory evidence to a Mattapan man arrested on a gun charge in July 2007.

But Judge Mark Wolf found Friday that the misconduct was unintentional — not deliberate — and that Sullivan isn't likely to make the same mistake in the future.

Wolf did cite Sullivan's error as evidence of a "dismal history" by the U.S. attorney's office in Boston when it comes to turning over evidence to defendants.

Another assistant U.S. attorney, Jeffrey Auerhahn, faces possible disbarment in a separate legal proceeding involving exculpatory evidence. That matter is still proceeding.