Posted On:
April 1, 2009
Charges to be dropped against former Senator Ted Stevens?
I pretty much have ignored this story for the last year, but this new bit of news is amazing if I read it right. It looks like Attorney General Eric Holder is planning on dismissing the charges and not proceeding with a new trial, citing the blatant prosecutorial misconduct that occurred throughout the trial.
In a statement released this morning, Holder said the department had "conducted a review of the case, including an examination of the extent of the disclosures provided to the defendant. After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial."
Prosecutors withheld key pieces of evidence from the defense during the trial, even to the point where they were held in contempt by U.S. District Judge Emmet G. Sullivan, who ordered them to turn over information documenting the misconduct. Not allowing this conviction to stand would be a positive step for the Justice Department, although it should have been the judge who tossed the case based on the prosecutors' misconduct.
In his statement today, Holder said the Justice Department will review the prosecution. "This does not mean or imply that any determination has been made about the conduct of those attorneys who handled the investigation and trial of this case," he said. "The Department of Justice must always ensure that any case in which it is involved is handled fairly and consistent with its commitment to justice.
