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Case Against Stevens Dismissed

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Brian Malone

Entering the courtroom today former Senator Ted Stevens appeared to have a huge weight off of his shoulders, he smiled sometimes and before sitting down at the defense table he shook the hands of the new government prosecutors who had uncovered additional evidence that has resulted in the verdict and indictment being dismissed today.

"This is indeed a dramatic day in a case with many dramatic moments and…it is a case that has had some shocking moments." Judge Emmet Sullivan said.

Before ruling on whether to dismiss the indictment and overturning the verdict Judge Sullivan described his total shock in how the case was handled. "For 25 years I've told defendants they'd receive a fair trial…I've never seen such mishandling or misconduct."

"In nearly 25 years on the bench I've never seen anything approaching the misconduct in this case." Sullivan reiterated.

In February Judge Sullivan held 3 members of the prosecution team in contempt of court for failing to provide documents to the defense in a post trial investigation centering around FBI and prosecutorial misconduct. The Justice Department then appointed 3 new prosecutors to look into the allegations. They quickly discovered other evidence that was never given to the Stevens defense team and items which should have been entered into evidence at trial.

The Judge clicked through a series of missteps by the prosecutors and called them out on their statements about the errors:

Returning a witness to Alaska who had been under defense subpoena, Sullivan said the prosecutors at trial called it, "not material."

Blacking out exculpatory information from an FBI report, the prosecutors called this, "a mistake."

Not providing a key grand jury transcript, "Inadvertent."

Submitting false business records into evidence a "mistake."

Saying key witness Bill Allen was not reinterview by prosecutors close to indictment, "mistaken understanding."

The last example is the key part of today's dismissal and concerns notes of an April 15, 2008 re-interview with the government's key trial witness Bill Allen which were found last month by the new prosecutors on the case. In 2002 Stevens asked Allen for a bill for renovations to his home, "You owe me a bill… remember Torricelli, my friend," Stevens wrote, in reference to former Sen. Robert Torricelli, who was ousted from the U.S. Senate amid an ethics investigation. "Friendship is one thing Congressional... ethics rules entirely different."

During the trial the defense said that Bill Allen hid the bills from the Stevens. The key witness for the government Allen testified that Sen. Stevens asked for bills for the renovations to his Girdwood, Alaska home to “cover his ass" but the notes from April 15, 2008 meeting with 4 prosecutors and an FBI agent contradicted this. Information also from the April 2008 meeting said that Allen estimated the fair value of the renovations on Stevens' home were about $80,000 but that they were overbilled since many of the workers "We're always drunk…and allowed to waste time."

During the trial Stevens defense lawyers showed the jurors checks Ted and Catherine Stevens submitted for payments to their home totaling about $160,0000, this would have meant that Stevens was not required to report on his Senate disclosure forms any of the work on his home for which he was indicted and faced trial for.

Before ruling to overturn the case and dismiss the indictment Judge Sullivan heard form former Senator Stevens who told the Judge, "I'm deeply grateful for all you've done."

"Until recently my faith in the criminal justice system, particularly in the judicial system, was unwavering. But what some members of the prosecution team did nearly destroyed my faith…their conduct has consequences for me that they will never realize and can never be reversed," but Stevens said, "My faith has been restored."

In closing the former 85 year old Senator said he would seek new legislation to avoid prosecutorial excess that he has encountered. The former Senator also praised the new team of prosecutors who have cleared him, "Their dedication is an inspiration to me," Stevens said.

Before issuing his final ruling Judge Sullivan laid out at length the conduct of the prosecutors, "Both during and after the trial…the government was caught making false representations."

"The government..has an adherence and obligation to the Constitution and the government repeatedly failed to meet it's obligations." Sullivan said.

"Whether a public official, a defendant or a Guantanamo detainee…the government is obligated to provide exculpatory information." Judge Sullivan said.

Sullivan recommended that the Attorney General require training for all prosecutors to review how they handle their duty to provide defendants exculpatory information and possible evidence in the case that could be used against them. Sullivan also urged President Obama and the Attorney General to make sure that their nominees for Judicial posts were well versed on the obligations of prosecutors to provide this information.

The new team of Justice Department prosecutors who had discovered the new information which lead to the Stevens case being reversed said once they found key documents not given by the original trial team to the defense they said they immediately handed it over to Stevens' lawyers. "It was in the interest of justice not to have a new trial." said Paul O'Brien. "We deeply regret this occurred."

Stevens Defense Attorney Brendan Sullivan then spoke at length about the conduct of the prosecutors disclosing that 4 Assistant US Attorneys and an FBI agent were at the April 15th meeting with Bill Allen, yet only 2 of the attendees took notes during it. "We were close to never seeing this…to never getting it." Sullivan said of the new evidence that the new trial team discovered after 5 weeks of work.

"They got engaged in intentional misconduct…it was clear, willful and devious." Brendan Sullivan said. "Sometimes they did re-interviews to hide [materials.]"

"I don’t think there is anything worse than our government presenting false evidence." Sullivan said who laid out a timeline of letters where the defense team asked for materials they were entitled by the Constitution. "We're no match for corrupt prosecutors who want to have false testimony."

Sullivan said that when he received the new evidence he "was sick…I was sick to my stomach…how could they abandon their responsibilities….I was in a silent rage for many days."

Speaking of the trial team Sullivan said, "They indicted a US Senator who was likely to be elected…[but] along the way they decided they needed to win…the chances of being caught were small…[but] Ted Stevens believed in his innocence."

Then Sullivan noted for his dramatic flair called the trial "The greatest wrong ever done to Ted Stevens…Nothing can be done to give the citizens of Alaska their Senator they would have elected...nothing can be done to take away the pain and suffering."

"The government can't do much except say they're sorry." Sullivan said. "Sorry we put you through an unlawful trial….Sorry the prosecutors were unethical…sorry you were disgraced by a verdict that never should have been."

Brendan Sullivan also said he had written 3 letters to former Attorney General Michael Mukasey asking him to review the flawed case but Sullivan said he never received a response.

Judge Sullivan expressed his dismay only saying "Shocking."

In issuing his ruling to dismiss the indictment and overturn the verdict Sullivan announced the criminal contempt investigation into the trial prosecutors and said that he found the Justice Departments silence to Brendan Sullivan's letters "Shocking but not surprising."

Sullivan then ordered that he has appointed an outside prosecutor to investigate DOJ's actions and the prosecution team. Sullivan named the attorneys who will be under the independent investigation who include lead prosecutor Brenda Morris, Nicholas Marsh and Edward Sullivan, Joseph Bottini and James Goeke as well as William Welch, the chief of the Justice Department's Public Integrity Section. Morris is currently the deputy in the Public Integrity Section.

Sullivan said this was not to "prejudge these attorneys…[but] the court has an obligation to undertake this…the United States should fully cooperate."

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