April 01, 2009

Prosecutorial Misconduct Leads To Stevens Exoneration

It seems like someone was out to get Ted Stevens – and was even open to suborning perjury and hiding evidence to get a conviction.

The Justice Department moved to dismiss former Sen. Ted Stevens' indictment this morning, effectively voiding his Oct. 27 conviction on seven counts of filing false statements on his Senate financial disclosure forms.

The decision by U.S. Attorney General Eric Holder comes after a new prosecution team discovered a previously undocumented interview with the star witness in the case that sharply contradicted the most dramatic testimony in the four-week trial. The information had never been turned over to the defense, the Justice Department said in its motion.

"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 released this morning. "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."

The government is seeking dismissal of the charges "with prejudice," meaning that they cannot be filed again.

Personally, I’m not sorry to see Ted Stevens out of public life. I think he was one of the things that has been wrong with the GOP in recent years. However, the method used – with the obvious impact on the 2008 senatorial election in Alaska – is most disturbing. It appears that there was a rogue element in the Justice Department that was more interested in scalps than in justice.

In the end, Stevens was convicted of trying to hide illegal gifts from political supporters and friends. What the evidence shows is that Stevens made serious efforts to get bills so that he could pay for the gifts. We now know that the Justice Department attorneys attempted to hide that from the court. Unfortunately, the Obama Justice Department has not committed to taking serious actions against those who perpetrated this manifest injustice.

Posted by: Greg at 11:47 AM | No Comments | Add Comment
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