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Judge Throws Out Key Evidence in Stevens Trial
The judge in the Ted Stevens trial today threw out two major pieces of evidence, after it was revealed that prosecutors failed to provide the defense with crucial information.
According to Politico:
Judge Sullivan is throwing out a portion of the business records from Veco Corp., whose former CEO, Bill Allen, allegedly spent $188,000 renovating Stevens' home in Girdwood, Alaska. Two former Veco employees, Rocky Williams and Dave Anderson, are on the company's records as having spent significant time working on Stevens' home in late 2000 and early 2001.But prosecutors never presented testimony from Williams, who was suppose to be the foreman on the home project, and instead shepherded him out of Washington right before the trial started, all without informing Stevens' attorneys.
And Anderson told the grand jury that he was in Portland, Ore., not Alaska, in late 2000, when Veco's records have him as working on Stevens' home. Prosecutors knew that Anderson had told the grand jury that and did not tell the defense team.
So Judge Sullivan excluded the portion of Veco's records that reference Anderson and Williams' work on Stevens' home, and he will instruct the jury that the government knowingly used false evidence in its case.
And:
Judge Sullivan will also exclude all evidence from a 1999 car swap between Allen and Stevens in which Stevens got a new Land Rover from Allen in return for a beat-up 1964 Mustang and some cash.Prosecutors failed to turn over to Stevens' defense team a copy of the check which Allen used to pay for the Land Rover. Defense counsel alleged that they their case had been hurt when they cross-examined Allen over the transaction, which they only did because -- they asserted -- they didn't have Allen's original check.
Tomorrow, Stevens' lawyers are expected to offer a motion for a mistrial, based on prosecutorial misconduct.





This is just too stupid. How could they have messed this up so badly? If he gets off, this is a travesty.
October 8, 2008 6:55 PM | Reply | Permalink
This case is ruined. Stevens walks. Nice work DOJ.
October 8, 2008 7:24 PM | Reply | Permalink
Almost kinda makes you wonder if DOJ did it on purpose.
Hopefully the voters will get him anyway.
October 8, 2008 7:39 PM | Reply | Permalink
Yes, I'm sure Mukasey is riding "second chair" on this one.
And I wouldn't hold my breath on those voters. Remember, this is Alaska we're talking about. He could probably fake a pregnancy to cover up for his daughter and still get re-elected!
October 8, 2008 8:51 PM | Reply | Permalink
You mean, as in faking this birth?
October 9, 2008 12:10 AM | Reply | Permalink
Do you suppose this is intentional on the part of the Justice Department in order to hold that Senate seat? I wouldn't put it past them.
You bugger up the case now, Stevens gets back, a new Justice department then nails him properly, and then Governor Palin puts Sean Parnell in his place and the Republicans are assured a wingnut.
October 8, 2008 7:27 PM | Reply | Permalink
Maybe Palin will appoint herself.
October 8, 2008 7:40 PM | Reply | Permalink
That's what he said, a wingnut. Palin is the queen of wingnuts.
October 8, 2008 9:32 PM | Reply | Permalink
What?!?!?! Shenanigans.
October 8, 2008 7:29 PM | Reply | Permalink
Perhaps, this explains why Stevens was so anxious to have a trial; if it was held over until next year these errors by the DOJ may not have been as stupid. Yes, "a motion for a mistrial, based on prosecutorial misconduct." Given the track record of these folks and even with the overall ineptness, this does not smell too good.
October 8, 2008 7:52 PM | Reply | Permalink
Obviously the fix is in.
October 8, 2008 7:54 PM | Reply | Permalink
It does seem that if your going to prosecute a sitting senator you might go to the trouble to put a couple of your best folks on it. The judge needs to sanction the attorneys personally and see if they don't start pointing fingers.
October 8, 2008 8:25 PM | Reply | Permalink
This is intentional! Wow! Stevens will get off! Politicalization of the DOJ has payed off!
October 8, 2008 8:33 PM | Reply | Permalink
Do you maybe might think that this isn't the DOJ plan in the first place? We tried.....but we made some mistakes. Sorry! Oops. But we really tried.
And what great news for Stevens! Hurray! See we told you we did nothing wrong. Stevens found INNOCENT of all charges. See we told ya, dog-gone-it.
Now Re-elect me already so I can get back to business as usual.
October 8, 2008 8:42 PM | Reply | Permalink
This game was fixed. Big freakin' surprise.
October 8, 2008 8:46 PM | Reply | Permalink
he will instruct the jury that the government knowingly used false evidence in its case.
End.Of.Case.
October 8, 2008 9:38 PM | Reply | Permalink
I have done a lot of criminal defense in federal court and I doubt very much that this was any kind of "fix". The prosecutors were just relying on the judge doing what a normal judge would do in a normal case, rather than one involving a senator.
Here's what I mean:
(1) "Prosecutors shepherded witness Williams out of Washington right before the trial started." -- Normally the judge would just say "You should have subpeonaed him if you wanted him to testify."
(2) "Prosecutors knew that Anderson told the grand jury that he was in Portland, Ore., not Alaska, in late 2000, and did not tell the defense team." -- Normally the judge would just say "Well, you know it now and you can cross-examine him if you want to."
(3) "Prosecutors failed to turn over to Stevens' defense team a copy of the check which Allen used to pay for the Land Rover." -- Again, the judge would normally say "Well, you have it now."
That's the way federal criminal trials work when the defendant is not a celebrity. And that's probably what the prosecutors thought would happen here, if they thought about it at all.
October 8, 2008 10:40 PM | Reply | Permalink
Have you done much trial work in the D.C. district court before Judge Sullivan? If not, your assumptions don't count for much. Federal prosecutors are ALWAYS cognizant of their venue and, especaially, their trial judge. What has happened here -- on the face of it -- seems quite peculiar. AUSAs don't normally screw up like this in high profile cases, and it doesn't get much more high-profile than the prosecution of a sitting U.S. Senator. In view of the politicization and corruption of the Justice Dept under this president, color me suspicious.
October 8, 2008 11:14 PM | Reply | Permalink
You've got to be shitting me.
October 8, 2008 10:41 PM | Reply | Permalink
This sounds like it is intentional fraud from the prosecution. What is required to investigate and prosecute them?
Oh, wait. That's AG Mukasey's call, right? We know in advance how that decision will go.
I now have no faith in the "justice" provided by the Bush - conservative "Justice" system. That means that the Rule of Law has been eliminated by conservatives, and the Constitution has no effect on administrative actions.
October 8, 2008 10:53 PM | Reply | Permalink
People need to recognize that without the "Rule of Law" as a controlling principle, no law has any effect on the latest decision by Judges or by the executive department.
If no one enforces the "Rule of Law", no one making decisions is bound to the law.
October 8, 2008 11:04 PM | Reply | Permalink
Oh for fuck's sake! Are you kidding me?
October 8, 2008 11:43 PM | Reply | Permalink
Does anybody know any background info on those presenting this case? Who hired them and when, etc?
October 8, 2008 10:57 PM | Reply | Permalink
Senators can hire the best attorneys money can buy, whereas "We the People" are stuck knowing the government is an equal opportunity employer and its workers caanot be fired for ineptitude... IMHO
October 9, 2008 12:45 AM | Reply | Permalink
Jeffrey Taylor, Bushie extraordinaire, hired them. His Wiki entry says that he was:
He's the US Attorney who refused to honor congres's contempt citations.
Anyone who thinks that this wasn't a setup from the start is too dumb to be seen in public.
October 9, 2008 12:54 AM | Reply | Permalink
johnnydoughey,
This has nothing to do with Stevens having good lawyers (although I'm sure that he does). This is entirely about "incompetent" prosecutors. Except that the incompetence was clearly by design.
In a just world, these prosecutors would be the target of a serious internal investigation by the DoJ for gross professional negligence, and their license to practice would be revoked. This is about as fundamental a screwup as a prosecutor can make, akin to a surgeon not washing his hands before surgery. This is simply NOT done.
October 9, 2008 12:58 AM | Reply | Permalink
wbgonne,
Your merely being suspicious is no doubt the result of professional prudence, and commendable. Me, I'm not a lawyer and don't have to be so circumspect. This was a setup job and only an idiot would believe otherwise.
What amazes me, though, is how brazen it is. Couldn't they have found less obvious ways to lose this trial, like not calling key witnesses, ignoring key evidence, not questioning witnesses aggressively enough, etc.? Why so in your face obvious? Were they counting on a McCain win? Or do they figure that they'll be out of a job in a few months and no one will care?
Should be interesting--and revealing--to see how Obama handles this as president. If he adopts a sweep it all under the carpet and let's just move on approach, as Clinton did with Iran-Contra, we will know exactly what kind of president he will be. My cynical side tells me that this is exactly what he'll do, being loath to create enemies on the other side in his urge to be "post-partisan". But I still retain hope that I'm wrong, and that he won't just be another capitulating Dem. We'll see.
October 9, 2008 1:05 AM | Reply | Permalink
Something is cooking here!
October 9, 2008 1:49 AM | Reply | Permalink
We are in the middle of an election. We could soon have a decent president and a few fresh faces in the Senate to dig ourselves out of the hole we are in Instead, voters are being purged Senators are being supported by rigging trials. The voters in Georgia (Sen. Chambliss) and North Carolina (Sen. Dole) are being punished because they are leaning toward anti-oil Dems by making Gas hard to find. Oh, we have it we just never know where.
Our tax dollars are being thrown at Wall Street and AIG in amounts so large I can't wrap my brain around them, just because a proven liar, Bush, and his sidekick, a coke snorting day trader, say we will perish otherwise. And since that money did not stop the market from tanking, lets throw some more! I will not even start about the McCain and Palin farce.
Now, all this information is readily available to the American voter and one would think that all those old ladies who lost savings and the families who lost jobs and sons in Iraq and the house they live in would consider voting for a few fresh faces, in the hope that the Republicans can't steal a landslide. I am holding my breath.
October 9, 2008 7:22 AM | Reply | Permalink
The Republican Department of Injustice will always find a way to make sure Republicans walk.
October 9, 2008 11:08 AM | Reply | Permalink
This is why the GOP is busily purging voters...if the Democrats win..some of these "activist judges" will find themselves on the other side of the "bench"...on the other side of the law..and most likely in prison...you think cops have it rough if sent to prison...can you imagine how much fun it would be for a "judge"...? Now, thats justice served....
October 9, 2008 1:51 PM | Reply | Permalink
Good point. I was, and I guess still am, assuming that Judge Sullivan is a typical federal judge, like the ones I normally appear before. Maybe that's not true. So tell me, what was Judge Sullivan's reputation regarding the handling of late disclosure, prior to this case?
October 10, 2008 3:42 PM | Reply | Permalink