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Legal Ethics

Judge Axes Evidence in Sen. Stevens Case, Due to Prosecutor Errors

Posted Oct 8, 2008 7:11 PM CDT
By Martha Neil

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The judge in the corruption case against Sen. Ted Stevens, R-Alaska, has eliminated some evidence due to Brady violations.

Because prosecutors didn't turn over exculpatory evidence to the defense, as required, two sets of evidence will be excluded. They are: business records related to potential testimony by a construction foreman sent out of town by the government, and records of an advantageous 1999 car swap between Stevens and the CEO of an oil services company that allegedly helped pay for the renovation of Stevens' home, according to the Politico blog. Stevens is accused of having paid less for the home renovation project than it was worth because of his political stature.

Jurors also will be instructed that the government presented evidence that it knew wasn't true, U.S. District Judge Emmet Sullivan told both sides today.

"Stevens' attorneys are also expected to offer a motion for acquittal on Thursday, once the government finishes putting on its case for conviction," the article states. "Stevens' defense team has repeatedly sought to have the case dismissed or a mistrial declared due to alleged prosecutorial misconduct."

Additional coverage:

Bloomberg: "Stevens Judge Penalizes Prosecutors, Won't End Case"

ABAJournal.com: "No Mistrial for Senator Stevens"

ABAJournal.com: "Judge Considers Dismissing Stevens Indictment over Withheld FBI Records"

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