Judge Orders Retraction of False Memo Against Attorney

A federal judge apologized after prosecutors circulated a false document accusing a public defender of illegal conduct.

Updated on Oct. 21, 2026 in Criminal Justice

Judge Orders Retraction of False Memo Against Attorney

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Magistrate Judge David Schultz ordered federal prosecutors to retract a memo that falsely accused public defender Matthew Deates of aiding and abetting an immigration arrest. The judge issued an apology to Deates on behalf of the U.S. government following the discovery error.

Why it matters

The false accusation was included in discovery materials for 15 anti-ICE activists due to a case of mistaken identity between two agents. Deates requested a formal correction to clear his name and protect his professional reputation from the unsubstantiated claims.

Judge Schultz ordered prosecutors to destroy all copies of the O'Neal memo and replace them with a redacted version. The U.S. Attorney's Office confirmed it has no evidence to support the original accusation against the public defender.

The players

David Schultz

He is the Magistrate Judge who presided over the hearing and issued the order to retract the false accusations.

Matthew Deates

He is a public defender who was falsely accused in a government memo of aiding and abetting an immigration arrest.

Tory Sailer

He is an Assistant U.S. attorney who confirmed that the government does not support the false claims against the public defender.

Michael J. O'Neal

He is the ICE agent who authored the memo containing the mistaken identity error regarding the public defender.

The details

Assistant U.S. attorney Tory Sailer admitted the office does not support the memo, which was generated during a discovery mix-up involving an ICE agent. The document was erroneously included in materials provided to defense attorneys handling a conspiracy case involving 15 anti-ICE activists.

August 2025: ICE arrested Portillo Rodriguez in California.
April 28, 2026: Portillo Rodriguez attended a court hearing in Minneapolis.
October 1, 2026: Information about the agent and marshal surveillance was filed.
October 20, 2026: Judge Schultz apologized to Deates at a hearing.

Legal Context

This incident highlights the critical importance of discovery integrity under the Brady v. Maryland disclosure requirements. It serves as a reminder of the procedural safeguards necessary to protect the rights of defendants and legal professionals from inaccurate government evidence.

The error raises questions regarding the accuracy of federal discovery materials shared with defense teams in high-profile local cases. Residents and legal observers may monitor future court filings to ensure that the U.S. Attorney's Office improves its internal verification processes.

The takeaway

The court's swift intervention highlights the importance of accountability when government agencies mishandle discovery documents. It underscores the necessity for attorneys to diligently audit files to identify and challenge inaccuracies that could damage reputations.