Stevens’s trial hangs by a thread

Sen. Ted Stevens’s (R-Alaska) criminal case hung by a thread Thursday when an angry federal judge said the government had violated rules on handling critical evidence.

In the most dramatic day in the week-old trial, Judge Emmet G. Sullivan erupted at the Justice Department for waiting until just before midnight Wednesday to disclose FBI notes discussing Stevens’s intent to pay for gifts that are at the center of his criminal trial.

{mosads}Sullivan said he had lost confidence in the government’s ability to prosecute the case and ordered all exculpatory evidence, unedited FBI notes and grand jury testimony turned over immediately to the defense team before Monday’s status hearing.

“How does the court have any confidence that the Public Integrity Office has any integrity?” Sullivan said, referring to the division at the Justice Department that is prosecuting the case.

Sullivan rejected a defense motion to declare a mistrial and to dismiss the case against the Alaska Republican, who faces felony charges. But he instructed the jury that the government erred in its obligations to submit evidence to the defense. He said the new evidence could still be used in the trial, and offered the defense the chance to make a new opening statement.

The trial may resume Monday, but that depends on the outcome of the new status hearing scheduled by Sullivan.

Brenda Morris, a government prosecutor, acknowledged errors in turning over the FBI notes and redacting material that should have been given to the defense, but said there was nothing nefarious in the Justice Department’s actions. She said, however, that prosecutors had informed the department’s Office of Professional Responsibility that there had been a violation of rules in handling exculpatory evidence.

The FBI notes about conversations agents had with the government’s star witness, Sullivan said, should have been given to the defense lawyers before the trial began so they could determine whether it would help in making their arguments. At the same time, Sullivan said, the information did not appear to vary too much from summary information the government gave the defense prior to the trial.

Even though the case is still open, its future is far from certain. The additional evidence could create “another explosion,” warned Brendan Sullivan, a Stevens defense lawyer.

Morris pleaded with the judge to keep the case open, saying the failure to disclose the information was the result of a simple error. But the defense said it was a pattern of deception that undermined the integrity of the case.

“Why shouldn’t I dismiss the indictment?” Judge Sullivan fumed at the beginning of proceedings Thursday. “It strikes me this is probably intentional.”

Sullivan, who already had scolded the government this week for its handling of a potential witness, dismissed the jury for the day.

{mospagebreak}Brendan Sullivan angrily denounced the tactics and made an impassioned plea to dismiss the case, waving his arms and saying the case had been mishandled worse than any in his 40 years as a defense counsel.

Had he been in possession of the relevant information, Sullivan said, his opening argument last week would have been substantially different.

Morris contended that it would not have changed the defense’s case, since the government had handed over material that summarized the notes before the trial began.

{mosads}Legal experts said the impact of Thursday’s developments depends on whether the judge exposes the jury to the ongoing battle between the two sides.

So far Sullivan has kept the jury out of fights over procedural matters and the defense’s repeated failed attempts to seek a dismissal of the seven-count indictment.

The fight could also help in Stevens’s November reelection bid, some analysts say, since it seems to underscore his defense team’s argument that the senator has been treated unfairly.

“It’s going to play well with his supporters,” said Carl Shepro, a political science professor at the University of Alaska-Anchorage.

In the Capitol prior to the afternoon hearing, Stevens appeared to be in a light mood but made no predictions on how the latest fight would affect his case.

“It’s all, sort of — I don’t know what’s up,” he said, throwing his hands in the air.

Stevens is charged with seven counts of failing to publicly disclose more than $250,000 in gifts and extensive home renovations from Bill Allen, the former chief of the Veco Corp. oil company. He has pleaded not guilty to each count.

According to Stevens’s attorney, the evidence the government just turned over showed that Allen — the chief government witness — believed that Stevens would have paid for the renovations if he was given a bill.

Stevens’s attorneys say the senator paid every bill he was given — some $160,000 in home renovations — but would have paid more if he received more bills.

Based on the new information, Brendan Sullivan called Allen “an absolute liar” for testifying Wednesday that Stevens was “just trying to cover his ass” in asking for bills to pay for the home renovations.

The government’s case may have been salvaged by the fact that Allen’s testimony has gone longer than expected, and the defense has not had a chance to cross-examine the government’s star witness.

“By the luck of God, Mr. Allen is still on the stand,” Morris said.

That seemed to make the judge angrier.

“The defendant shouldn’t have to be lucky to get the government to do its job,” the judge shot back, saying it was “sad commentary” that a defendant would have to luck out to get a fair trial.