By Allan Lengel
ticklethewire.comWASHINGTON — Attorneys for Alaska Sen. Ted Stevens filed a stinging motion Sunday in federal court accusing the government of “intentional” and “shocking” misconduct, and asked that the public corruption case be dismissed. The motion, filed by defense attorney Brendan V. Sullivan Jr., accused the government of intentionally withholding key evidence favorable to Stevens that was supposed to be turned over to the defense. The Senator is accused of failing to report about $250,000 in gifts and free labor.
Last week, the Senator’s attorneys asked U.S. District Judge Emmet Sullivan for a mistrial for withholding certain information from the defense. The judge rejected the request, but reprimanded the government. In Sunday’s motion, the defense said it decided to ask for a dismissal after reviewing material the government turned over this week. “Until today, defense counsel have refrained from alleging intentional misconduct by the government. We can no longer do so in good conscience,” the motion said. The motion continued to state: “Here, the government’s repeated, flagrant and intentional misconduct requires the sternest possible remedy of dismissal…. If the court denies Senator Steven’s motion for dismissal, the Court should– at a minimum — grant a mistrial to remedy the government’s flagrant and repeated misconduct, and order an evidentiary hearing to consider dismissal and other sanctions. The trial is broken…” The Justice Department filed a motion late Sunday that the government has acted in “good faith” and “contrary to all the theatrics and hyperbole from the defense, no one has attempted to hide evidence or hold back any discoverable items.”
Read Defense Motion Oct. 5
Read Government Motion- Oct. 5
UPDATE: The Associated Press reported this morning that the judge has ordered the government to respond to the defense’s allegations by the end of the day. Meanwhile, the trial resumed today. READ: Stevens Caught On Tape Talking About FBI (AP)
