Wednesday, April 1, 2009

US Prosecutors - Persistent Problems - So Holder Drops Case Against Stevens: Nina Totenberg NPR First Report

National Public Radio (NPR) Morning Edition, 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."

The judge in the Stevens case 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 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 Sullivan and reportedly has watched with growing alarm as Sullivan 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.
===========================
here
(More at the above URL - click)
===========================
Attorney General Holder's Statement On The Stevens Case (April 1, 2009)"In connection with the post-trial litigation in United States v. Theodore F. Stevens, the Department of Justice has conducted a review of the case, including an examination of the extent of the disclosures provided to the defendant.

After careful review, I have concluded that certain information should have been provided to the defense for use at trial. 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 Department's Office of Professional Responsibility will conduct a thorough review of the prosecution of this matter.

This does not mean or imply that any determination has been made about the conduct of those attorneys who handled the investigation and trial of this case."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. Under oftentimes trying conditions, the attorneys who serve in this Department live up to those principles on a daily basis. I am proud of them and of the work they do for the American people."

No comments: