Posted on 10/09/2008 9:21:38 AM PDT by freespirited
A federal judge on Wednesday allowed the criminal charges against Sen. Ted Stevens to stand, but he delivered a sharp blow to the government by throwing out key evidence in the case.
Judge Emmet G. Sullivan, in the second time in as many weeks, rejected a defense motion to declare a mistrial or dismiss all seven felony charges facing the Alaska Republican, but he scolded the government for keeping key evidence from defense lawyers that they could have used during cross-examination and their opening argument.
“I don’t doubt you take your jobs seriously, what I have doubts about is whether the government [is concerned] about its obligation,” Sullivan said.
He added that the court would strike records pertaining to work that two men performed on a remodeling project at Stevens's home in Girdwood, Alaska. He also struck evidence pertaining to a lucrative car swap in 1999 when Stevens snagged a brand-new $44,000 Land Rover in exchange for $5,000 in cash and the senator's 1964 Mustang, estimated to cost no more than $20,000.
Following a contentious hearing, during which the jury was not present and the judge pummeled prosecutors for their conduct, Sullivan said he was “disturbed” by the turn of events.
“It’s very troubling that the government would utilize the records that the government knows were false,” Sullivan said. “And there’s just no excuse for that whatsoever.”
Sullivan said he would instruct jurors Thursday that the government failed to provide the evidence to the defense and they should disregard testimony corroborating the car exchange and records pertaining to the work Rocky Williams and Dave Anderson, two employees of Veco Corp., performed at Stevens’s home.
Stevens, 84, faces seven felony charges for failing to report more than $250,000 in gifts and home renovations from Bill Allen, the former head of the now-defunct Veco oil-services firm, and other longtime friends. He denies all charges and is facing reelection next month.
During cross-examination of Allen, now the government's star witness, the defense sought to undermine his claim that he spent $44,000 for the Land Rover that he eventually gave to the senator. But the government waited until after the cross-examination -- and during their redirect examination of Allen -- to disclose that they had a copy of a $44,000 check that Allen used to pay for the automobile.
The judge and defense lawyers said the cross-examination of Allen would have been different if they knew that a copy of the check existed.
“From where we sit, it looks like a sandbag,” said Robert Cary, Stevens’s defense attorney.
Sullivan has grown increasingly irritated at the government for violating his order to turn over all exculpatory evidence before the trial began, and for allowing Williams to leave Washington for Alaska before meeting with defense attorneys.
Stevens’s team accuses the government of intentionally suppressing potentially damaging evidence to its case. But the Justice Department argues that the materials that were belatedly provided to the defense have not affected the trial.
“We believe we are still in a position to have a fair trial,” said Nicholas Marsh with the Justice Department.
Still, the judge scolded Marsh for producing records in trial that showed Anderson and Williams spent more time on the renovations than Anderson said in secret grand-jury testimony two years ago. To comply with an order from the judge, the transcripts of the grand-jury testimony were recently presented to the defense and showed that Anderson was in Portland, Ore. for three months in 2000 when he was billing Veco for his work at Stevens’s home.
“We’re talking about the government using documents that the United States knew were false,” a visibly angry Sullivan said, saying the Justice Department “had an obligation to say something doesn’t smell right here.”
“All along the government knew that was a lie,” he added.
Marsh struggled to explain the discrepancy, but admitted that the government’s estimated cost that Stevens left unpaid a $188,000 tab for home renovations was probably about $16,000-$17,000 too high. He argued, however, that other Veco employees who worked at the senator’s home did not bill the company for their hours, and said it doesn’t impact the fact that the senator didn’t report gifts that were “533 times” higher than the $250 threshold that requires public disclosure.
“We just look at this in a different light,” Marsh said.
“A very dim light, counsel,” Sullivan shot back.
The government plans to inform the jury on Thursday that it rests its case, and the defense attorneys will spend about a week to make their case.
Using known false documents, withholding exculpatory evidence?
If there is a conviction, look for it to be overturned on appeal.
That said, why is this in court right now? If the guy was dirty, try him and jail him but not right before an election!
This smells to high heavens, the prosecutors should be investigated for possible disbarment when this is over.
I would predict an acquittal, but Stevens a Republican and it’s a DC jury, so I will not be surprised either way.
I don’t care if he is Republican or not...he should not get an acquittal. I hope they send him straight to jail. Sorry a crook is a crook. We have lowered our standards so low that we have McCain as our candidate...let’s not do this with our Senate folks. America needs to wake up and start chosing real live conservatives that are not crooks...how hard is this really??????
I see this move as one that the judge can do, within his purview, to TARNISH Governor Palin.
Think about it.
A judge is dealing blow? What is this country coming to...
i think the prosecution is either stupid or corrupt as stevens is....man, that is just blatant disregard for the legal process...I am not saying stevens in innocent by any stretch of the imagination, but the prosecution is throwing this case, big time
Murderers shouldnt get an acquittal for not being read their Miranda rights either. The point I was trying to make (and I guess I wasnt clear) is that this kind of prosecutorial misconduct really pisses off a lot of people and makes them more likely to ignore the evidence.
...Using known false documents, withholding exculpatory evidence?.....
This is the way to bring a powerful individual to trial but not really have a trial and assure he goes free.
You are right and I hope I did not seem to be “yelling” at you or anything. That was definitely not my intent. I just get sick of dishonest politicians. He is another one who should have retired for the good of the party.
Sup, Judgie?
Bumpin’ ya, joe. It’s maddening.
Stevens has not been convicted yet so i don’t understand where you get off calling him a crook. If you have evidence, pass it along to the prosecutors or can it.
When the weight of the government is against a citizen, the defendant should have every right to review evidence that is used against him. The government hid documents. Thats why the judge is pissed. This case should be a mistrial or dismissed summarily.
If he is convicted, there are already enough grounds for a mistrial, if not the case being thrown out all together.
I'm glad the rat ba$tards don't have me on trial. when the govt cooks the evidence, we ALL lose.
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