Jury notices error in Sen. Stevens’s indictment

The jury deliberating Sen. Ted Stevens's fate has noticed an error in his criminal indictment, a revelation that could play into the Alaska Republican's favor.

In a note Monday to Judge Emmet G. Sullivan, the jury reported it noticed an error in the second count of the indictment, which states that on his 2001 Senate financial disclosure forms, Stevens checked "no" in response to whether he received gifts of more than $260. But Stevens actually checked "yes" and listed a $1,100 gold Special Olympics coin as a gift that year.

{mosads}He did not list other gifts related to the charges, including a $2,700 massage chair, a $5,000 Viking gas grill and a $3,200 piece of stained glass. Nor did he list as either gifts or liabilities the free home renovations paid for by his friend Bill Allen of Veco Corp.

But the jurors noticed the discrepancy between the July indictment and the 2001 form and asked Sullivan how they should proceed.

"The 2001 financial disclosure form Stevens signed and dated 5-15-02 has item 5 checked as 'yes,' " the note read. "On the indictment it says he checked 'no.' These documents do not correspond, what do we do?"

The revelation is the latest error in the prosecution's case, which included the judge striking evidence from the record after the government bungled its handling of key materials and a prospective witness before the case began last month.

Stevens's lawyers pounced on the jury's latest note and said if the jury cannot find evidence that corresponds to the charge in the indictment, then the Alaska Republican must be acquitted on that count.

The Justice Department pushed back and chalked up the discrepancy as a typographical error. Nicholas Marsh of the Justice Department said even if he checked "yes," the senator still made a false statement in failing to list the gifts he received that exceeded $260.

"What matters is that he was obligated either way to list that on the form," Marsh said.

Sullivan said he would respond to the jury with the following language: "You must consider all of the evidence and my instruction to determine whether the government has proven all elements of an offense in the indictment beyond a reasonable doubt."

Sullivan dismissed the explanation of the error being a typo, saying that "presumably somebody read this" indictment before it was handed down this summer.

The question, though, is whether the jury takes a strict interpretation and sides with the defense that the senator made a truthful statement when he stated that he received gifts over $260 — even though he failed to list them.

Stevens, 84, is charged with seven felony counts for making false statements, with each count carrying up to five years in jail. He has pleaded not guilty and is seeking acquittal before he faces the toughest reelection bid of his four-decade career on Nov. 4.

The latest development comes after jury deliberations started anew Monday morning when Sullivan named an alternate to replace a juror who left Washington because of the death of her father.

"This jury is very perceptive," Sullivan said. "They are not missing anything."