 In spite of being effectively denied a defense, Ellsberg began to see events turn in his favor when the break-in of Fielding's office was revealed to Judge Byrne in a memo on April 26; Byrne ordered it to be shared with the defense.On May 9, further evidence of illegal wiretapping against Ellsberg was revealed in court.The FBI had recorded numerous conversations between Morton Halperin and Ellsberg without a court order, and furthermore the prosecution had failed to share this evidence with the defense.