Judge refuses mistrial in Sen. Stevens case RAW STORY

Published: Thursday October 2, 2008





Print This Email This **UPDATE:

The Associated Press is reporting, "A federal judge has rejected a defense demand to declare a mistrial after a prosecutor miscue in the corruption case against Alaska Sen. Ted Stevens." Read more.



"A federal judge angrily halted the corruption trial of Sen. Ted Stevens on Thursday after the Alaska lawmaker's attorney accused prosecutors of withholding evidence that would help their case," Tom Hays reports for The Associated Press. "U.S. District Judge Emmet G. Sullivan sent the jury home for the day so he could consider arguments about whether to declare a mistrial."



Sullivan blasted the prosecution for not "not turning over FBI reports about their star witness, Bill Allen, until late Wednesday night."



"This is not about prosecution by any means necessary," the judge said. "It's not about hiding the ball. ... Why shouldn't I dismiss this indictment? I find it unbelievable that this was just an error."



Roll Call reports, "Prosecutor Brenda Morris apologized profusely for failing to provide the document to Stevens earlier, but she said it was a simple mistake, not an intentional attempt to undermine the defense."



"Im standing here as humbly as I know how, Morris told the judge. "I dont blame you for being upset."



But the judge was suspicious: "It is difficult for the court to believe that the government overlooked this exculpatory information. It strikes me as very unusual that the government found this material at a time when it could still be used ... it strikes me as very curious that this information just surfaced."



The judge called it "gross negligence" at the very least.



"Judge Sullivan scheduled a hearing for 4:30 p.m. Thursday on Stevens motion for to dismiss the case," Roll Call reports.



