The introduction of the tainted evidence caused a mistrial after only two days.
"It is really disconcerting to the victim," she said, "but they should read the instructions because if they do it wrong, it becomes tainted evidence."
Scores of drug cases were dropped because of tainted evidence.
They say he has accepted tainted evidence, refused to accept statements from defense witnesses and ignored a constitutional requirement that counsel be present when defendants are questioned.
That trial, with its sensational allegations of tainted evidence and racial bias, had transfixed the country.
Mr. Barket continued today to argue that his client was a victim of tainted evidence and misidentification.
The tainted evidence is admissible if:
More than 80 years ago, the Court said the Constitution required the exclusion of tainted evidence.
Retrials without the tainted evidence were automatic.
The defense contends that Mr. Lember has allowed tainted evidence into the trial.