ORDER: the Government’s Renewed Petition for a Writ of Mandamus, filed on July 26, 2010, by counsel for the petitioner is GRANTED. The district court shall admit G.Ex. Roberson Seizure 2, allow the government to recall Stephen Koop to testify regarding the recovery of latent fingerprints from that exhibit, and also allow testimony regarding comparison of the latent prints with known fingerprints of the defendant.

Circuit Rule 36 shall apply on remand. The case shall be reassigned to a district judge who is immediately available to preside, and the trial shall resume as soon as possible. An explanatory opinion will follow. Richard A. Posner, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Diane S. Sykes, Circuit Judge. [3] [6239238] [10-2766]

The Chicago Tribune says:

A three-judge appellate panel ruled in Fitzgerald's favor and allowed the evidence and testimony related to the fingerprints. However, the additional sanction of Holderman by U.S. Circuit Judges Richard Posner, Diane Sykes and Ilana Rovner stunned court watchers. The appellate court overturns rulings of Chicago federal judges all the time, but few could remember the last time a judge was removed in the middle of a trial.

"This is an extraordinary situation; it really is," said Len Cavise, a law professor at DePaul University who is a former criminal defense attorney. "Posner is one of those judges that if something happens procedurally that he doesn't like, he will take action immediately."

Fitzgeralds' office and Judge Holderman apparently have a history of disagreements. The evidence excluded was a piece of adhesive tape with Herrera's fingerprints on it as well as any testimony about that potentially damaging item.