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A new day

Maybe the Obama Justice Department means business: it is dropping its case against Sen. Ted Stevens because prosecutors withheld evidence. Here's the AP article. Perhaps this will send a strong message to line prosecutors around the country that Brady material should be disclosed. From the article:

The Justice Department said Wednesday it would drop corruption charges against former Sen. Ted Stevens because prosecutors withheld evidence from the senator's defense team during his trial.
The reversal is an embarrassment for the department, which won a conviction against the Alaska Republican in October and is now asking to overturn it.
The week after his conviction, Stevens lost his Senate seat in the November election. The patriarch of Alaska politics since before statehood, Stevens, 85, was also the longest serving Republican senator.
***
In court filings, the Justice Department admitted it never turned over notes from an interview with the oil contractor, who estimated the value of the renovation work as far less than he testified at trial.
"I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial," Attorney General Eric Holder said in a statement released Wednesday. He said the department must ensure that all cases are "handled fairly and consistent with its commitment to justice."
The Justice Department is investigating the conduct of the prosecutors who tried the Stevens case.
***
In December, Stevens asked a federal judge to grant him a new trial or throw out the case, saying his trial had many deficiencies.
U.S. District Judge Emmet Sullivan held Justice Department lawyers in contempt in February for failing to turn over documents as ordered. He called their behavior "outrageous."
Sullivan had ordered Justice to provide the agency's internal communications regarding a whistle-blower complaint brought by an FBI agent involved in the investigation of Stevens. The agent objected to Justice Department tactics during the trial, including failure to turn over evidence and an "inappropriate relationship" between the lead agent on the case and the prosecution's star witness.

I'm happy for Stevens and his lawyers (from my old law firm Williams & Connolly), but dropping the case now doesn't put Stevens back in the same position he was in. He lost his Senate seat. His reputation has been ruined. He had to pay for a very expensive criminal trial.

Full post as published by Southern District of Florida on April 01, 2009 (boomark / email).