Expressing displeasure with federal prosecutors’ continued defense of the practice of talking to unrepresented defendants — which partly contradicts State Bar ethical guidelines — U.S. District Judge Vaughn Walker on Thursday nonetheless refused to throw out an indictment because of it.

Defense attorney Mary McNamara had asked Walker to throw out a wage-related prosecution against contractor Virgilio Talao because a prosecutor interviewed one of Talao’s employees without counsel present, even though that employee was represented by the company’s lawyer.

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