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Stevens' request to move trial to Alaska is denied

Senator's reelection campaigning could improperly influence potential jurors, a federal judge rules.

THE NATION

August 21, 2008|Richard B. Schmitt, Times Staff Writer

WASHINGTON — A federal judge Wednesday denied Sen. Ted Stevens' request to move his corruption trial to his home state of Alaska, saying the lawmaker's plans to campaign for reelection risked improperly influencing potential jurors if the case were to be transferred there.

Lawyers for Stevens, the longest-serving Republican in the Senate, sought the change because most of the 40 or so witnesses expected to testify are from Alaska. They said Stevens had a right to continue his reelection campaign, which would be easier if the trial was held in Alaska.


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But U.S. District Judge Emmet G. Sullivan said he was persuaded by the Justice Department's concerns that the publicity surrounding a senator who was running for reelection while on trial "could lead to a significant potential for jury tainting."

Stevens, 84, was charged last month with seven counts of making false statements on his Senate financial disclosure forms. Ethics rules require reporting of gifts over a specified monetary amount, and prosecutors contend that from 2000 to 2006 Stevens failed to report more than $250,000 in home improvements and other gifts from executives at VECO Corp., an oil field services company.

A federal corruption investigation has already led to convictions of several state officials in Alaska and two former VECO executives. Although Stevens was not charged with bribery, prosecutors allege that the long-standing Alaska senator took a number of actions that benefited the company, which is no longer in business, and its executives.

Stevens is seeking a seventh term and has requested an early trial date, saying he wanted to clear his name before the Nov. 4 general election. Jury selection is scheduled to begin Sept. 22. He is facing six challengers in Tuesday's Republican primary, and polls show him likely to win the nomination.

Federal court rules give judges discretion to transfer cases to other districts "for the convenience of the parties and witnesses and in the interest of justice." Judges are permitted to consider an array of factors, including the location of the witnesses, defendants and lawyers, the effect on the defendants' business and the effect on the judges' caseload.

Unfurling a large map of North America, Stevens' lawyer Brendan V. Sullivan Jr. told the judge that the burden on potential witnesses was unprecedented.

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