April 1, 2009 ·
The Justice Department on Wednesday asked a federal judge to drop all charges against former Sen. Ted Stevens of Alaska.
A jury convicted Stevens last fall of seven counts of lying on his Senate disclosure form in order to conceal $250,000 in gifts from an oil industry executive and other friends. Stevens was the longest-serving Republican in the Senate. However, he lost his bid for an eighth full term in office just days after he was convicted. Since then, charges of prosecutorial misconduct have delayed his sentencing and prompted defense motions for a new trial.
In a move first reported by NPR, U.S. Attorney General Eric Holder said he has decided to drop the case against Stevens rather than continue to defend the conviction in the face of persistent problems stemming from the actions of prosecutors.
"After careful review, I have concluded that certain information should have been provided to the defense for use at trial," Holder said in a statement Wednesday. "In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial."U.S. District Court Judge Emmett Sullivan set a hearing April 7 on the motion to dismiss the case.
Stevens' lawyers praised Holder's decision and said it was "justified by the extraordinary evidence of government corruption in the prosecution of Senator Stevens."
The lawyers, Brendan Sullivan and Robert Cary, called the case "a sad story and a warning to everyone. Any citizen can be convicted if prosecutors are hell-bent on ignoring the Constitution and willing to present false evidence."Stevens said, "I always knew that there would be a day when the cloud that surrounded me would be removed. That day has finally come. It is unfortunate that an election was affected by proceedings now recognized as unfair. It was my great honor to serve the State of Alaska in the United States Senate for 40 years."
Judge Sullivan has repeatedly delayed sentencing and criticized trial prosecutors for what he has called prosecutorial misconduct. At one point, prosecutors were held in contempt. Things got so bad that the Justice Department finally replaced the trial team, including top-ranking officials in the Public Integrity Section, which is charged with prosecuting public corruption cases.
With more ugly hearings expected, Holder is said to have decided late Tuesday to pull the plug. His decision is said to be based on Stevens' age — he's 85 — and the fact that Stevens is no longer in the Senate. Perhaps most importantly, Justice Department officials say Holder wants to send a message to prosecutors throughout the department that actions he regards as misconduct will not be tolerated.
"The Department of Justice must always ensure that any case in which it is involved is handled fairly and consistent with its commitment to justice," Holder said in his statement.
Holder began his career in the Public Integrity Section; and, according to sources, he was horrified by the failure of prosecutors to turn over all relevant materials to the defense.
The attorney general also knows the trial judge, Emmett Sullivan, well. The two men served together as judges of the Superior Court of the District of Columbia before each was promoted to higher office.
Holder respects Judge Sullivan and reportedly has watched with growing alarm as the judge repeatedly has scolded prosecutors for failing to follow his judicial orders to fully inform defense lawyers about everything from potentially favorable evidence to the travel plans of witnesses. During the trial, prosecutorial missteps led the judge to instruct the jury to disregard some evidence.Sentencing has been repeatedly delayed. By last month, it was playing a back seat to charges of prosecutorial misconduct — as a whistle-blowing FBI agent made complaints about improper conduct by a fellow agent and prosecutors. With a hearing scheduled in two weeks to explore those charges, Holder decided to review the case himself.
Justice Department officials say they will withdraw their opposition to the defense motion for a new trial and will dismiss the indictment — in effect voiding the Stevens conviction.
Sen. Mark Begich (D-AK), who defeated Stevens in the November election, called the decision to end Stevens' prosecution "reasonable."
"I always said I didn't think Senator Stevens should serve time in jail and hopefully this decision ensures that is the case," Begich said. "It's time for Senator Stevens, his family and Alaskans to move on and put this behind us."
http://www.npr.org/templates/story/story.php?storyId=102589818Sounds like Holder and the judge are pretty close.
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