The issue focused on the manner in which Judge Miller found the evidence of the defendants in the case inadmissible, although he did not impose a punishment for the four defendants convicted of the crimes. The court did agree that the use of the would-be witnesses against the defendants violated the Constitution in part because the testimony offered by the witnesses has the potential to prejudice the defense. Judge Miller ruled that because the testimony was not put to a jury that could consider the evidence in the case it was not constitutionally tainted, even