Posted on 10/02/2008 9:53:05 PM PDT by calcowgirl
A federal judge Thursday lambasted government prosecutors in the trial of Alaska Sen. Ted Stevens for violating criminal procedural rules, but refused to declare a mistrial or dismiss charges that Stevens filed false financial disclosure reports.
U.S. District Judge Emmet Sullivan postponed the trial until Monday to give Stevens' defense lawyers a chance to review unredacted FBI reports the government was ordered to turn over Thursday.
Calling the Brady violation both intentional and troubling, Sullivan said he has no confidence that the Justice Department will follow rules requiring that they turn over favorable information to the defense.
"It's difficult for the court to believe the government overlooked this exculpatory information," Sullivan declared. "I find it unbelievable that this was just an error."
Justice Department prosecutors say they mistakenly redacted an FBI report that contained favorable information for Stevens and his lawyers at the firm Williams & Connolly. Prosecutors handed over the documents Wednesday at 11:30 p.m. following a review of FBI reports for an upcoming witness.
At issue are conflicting statements from the government's chief witness, Bill Allen, former owner of an oil services company in Alaska. In the new information the defense received, Allen told an FBI agent that he thought Stevens would have paid for renovations at his home if Stevens had been given an invoice. Allen was under direct examination before Sullivan postponed the trial.
The defense can use the information for cross-examination. But Stevens' lawyers say the information would have been included in their opening statement.
"I've been denied the use of a powerful piece of information I should have had," Williams & Connolly senior partner Brendan Sullivan Jr. said.
Judge Sullivan said he would allow the defense to redo their opening statement if they chose. Defense lawyers say they are still weighing their options.
Prosecutors denied that the redactions hurt Stevens' case. They noted that before trial, the defense team was given records in which Allen told investigators that "Ted Stevens wanted to pay for everything he got."
The Justice Department Office of Professional Responsibility, which reports to the attorney general, will investigate the misconduct allegation stemming from the Brady violation. Lead prosecutor Brenda Morris, principal deputy chief in the Public Integrity Section, refused to identify in court the person responsible for the violation.
Prosecutors who play fast and loose with rules of procedure -- and ignore court orders -- should resign, Judge Sullivan said.
Jurors in the case were sent home Thursday morning and will be told not to return to U.S. District Court for the District of Columbia until Monday.
Stevens, 84, is the longest-serving Republican in the Senate and is up for re-election in November. He requested a speedy trial.
He should have a speedy trial...and then marched off to the hooskow.
Even potentially crooked Senators deserve a fair trial, if the Dept of Justice was playing games, the judge should have dismissed the case rather then speak harshly to no effect.
I guess I am an odd duck, these days.
I have been on two criminal juries; I am completely willing to throw the book at a criminal - but the prosecution had d@mn well better PROVE the case, without crooked behavior on their own part!
That doesn’t sound odd to me, at all. It’s the American way—or it is supposed to be.
Would like to see all those Dems go down too. In fact, I'm hoping there is much to be gained from the FBI investigations of Freddie and Fannie, etc.
Reference the prosecution in this case, my take is that it is either hopelessly incompetent or thoroughly corrupt. I’m guessing the latter. You just don’t mess up like this and win the case. The judge is madder than a hornet that this happened in his court.
like him or not, Stevens is in good shape. At best the Govt. loses and at worst this guarantees a successful appeal if found guilty.
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