Judge: Shine light on Ted Stevens prosecutorial misconduct
Amanda Coyne |
Feb 08, 2012
Ruling against federal prosecutors, U.S. District Court Judge Emmet Sullivan on Wednesday ruled that a report detailing "the systematic concealment of significant exculpatory evidence" and "widespread and at times intentional misconduct" by Justice Department lawyers during the prosecution of the late Sen. Ted Stevens, R-Alaska, must be made public by March 15. Using language that sometimes bordered on biting, the ruling means the public for the first time will have a chance to review the findings of special investigator Henry Schuelke, whom Sullivan asked to investigate misconduct of federal prosecutors in the wake of the botched Stevens prosecution. Just days before the November 2008 election, Stevens was found guilty by a Washington, D.C. jury for failing to disclose thousands of dollars in renovations to his home provided by former Alaska oilman Bill Allen and his company VECO. The trial, however, was marred by prosecutors who withheld evidence from the defense, including, according to the 9th U.S. Circuit Court of Appeals, information about Allen's alleged involvement with underage girls, and his attempt to cover up such involvement by having those girls sign false affidavits, among other things. The Justice Department subsequently removed the initial legal team. It was information provided to the defense by the new team that ultimately resulted in Judge Sullivan tossing Stevens' convictions. Four of the six involved who have filed pleadings in the case had asked that the report be kept under seal. Because their requests to keep the report sealed are also sealed, it's impossible to know who wanted what made public, or whether Bill Allen was one of those who requested that the report also be kept from public scrutiny. What is known is that nobody -- including the Anchorage-based FBI agent accused of misconduct who was responsible for handling Allen, the government's lead witness -- has lost a job or even been publicly reprimanded. Two Alaska-based prosecutors who helped in the Stevens In his ruling, Sullivan said the public deserves to know what happened. "Withholding the Report from the public and leaving the public with only the information from the trial and immediate post-trial proceedings would be the equivalent of giving a reader only every other chapter of a complicated book, distorting the story and making it impossible for the reader to put in context the information provided," Sullivan said. Adding that "(t)he First Amendment, the public, and our system of justice demand more." He often italicized the word "public" throughout the ruling. As in, "The attorneys then tried the defendant in the most public manner possible, and when they obtained a guilty verdict, they held a press conference to proclaim victory to the public." The ruling was also significant in that it was the first time the judge, or anybody in such a power position outside Alaska, has said unequivocally that Stevens lost his Senate seat because of the verdict. "The government's ill-gotten verdict in the case not only cost that public official his bid for re-election, the results of that election tipped the balance of power in the United States Senate," Sullivan wrote.
by MarkAK | February 8, 2012 - 8:11pm
The DOJ is the most unethical law firm on the planet. They bribe people for false evidence. They manufacture evidence. They use their power to intimidate people. Look, in this very case as they used their own tactics against their own, one of the prosecuters killed himself. DOESNT THAT SAY SOMETHING? What was the name of the special police force the Nazis had? This is the DOJ. Our publicly elected officials look what they did to Stevens and put their head down and look the other way. When will we stop them?
by NorthStar | February 8, 2012 - 6:40pm
This is exactly why I detest the DOJ. "We may be attorneys, but we totally don't have to obey the law unless the judge tells us!" Disgusting. They need to be prosecuted, disbarred, and sent to prison.
by nsfhi | February 8, 2012 - 5:48pm
Everyone of those folks should receive a new condition of hire, while working as a prosecutor you must follow the law. To not do that is a felony with life imprisonment. If they are good crooks they can work in the underground area of the private sector.
by Oldhaines | February 8, 2012 - 1:16pm
Trust me, I'm from the government and I'm here to help..... |













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