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SAN FRANCISCO —� A federal judge has agreed to sever the options backdating fraud and conspiracy trials of two top executives with Brocade Communications Systems, Inc. A central factor was the sealed statement by indicted former CEO Gregory Reyes that he would provide “substantially exculpatory” testimony in support of co-defendant Stephanie Jensen, the former vice president and human resources director at Brocade. Even more significant to U.S. District Judge Charles Breyer, “Reyes has not attached any conditions to his commitment to testify.” He would testify even if her case was tried first and it resulted in an irrevocable commitment to testify and waive his Fifth Amendment rights regarding those statements, according to Breyer. Jensen has demonstrated Reyes has offered unconditionally to testify and that “his proffered testimony is substantially exculpatory,” said Breyer in an order made public Monday. Reyes, 44, of Saratoga, Ca. and Jensen, 48, of Los Altos, Ca., were among the first executives to be indicted in the options backdating scandal.

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