Exculpatory evidence witheld in Sen. Stevens' case

Washington Post:

A federal judge this morning scolded lawyers prosecuting Alaska Sen. Ted Stevens (R) on ethics charges for waiting until the last minute to disclose potentially exculpatory material, and said he would hear arguments today from defense attorneys about whether to dismiss the indictment or declare a mistrial.

U.S. District Judge Emmet G. Sullivan said the powerful, 40-year-senator "would not be getting a fair trial if it were up to the government." He halted trial testimony so lawyers could prepare for a 4:30 p.m. hearing on motions to end the case or impose sanctions on the government.

Stevens is charged with failing to disclose that an energy company executive who contributed to his campaigns also extensively renovated Stevens's Alaska home without charging him for the work.

The potentially exculpatory material involves remarks by the executive, Bill Allen, a key prosecution witness, who said he believed Stevens would have paid for the renovations if Allen had ever billed him. Attorneys for the government did not disclose those remarks until late yesterday. In court this morning, prosecutor.

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It was the second time this week that Sullivan has criticized prosecutors. On Monday, he said he was "flabbergasted" that the government allowed a potentially important witness to return to Alaska, even though he had been subpoenaed to testify. Defense attorneys said the witness could have helped their case.

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I think this case is in trouble. I suspect the defense will ask for a directed verdict or a dismissal. Usually courts are reluctant to decide a case before it is over, but this revelation seems to blow the government's theory of the case.