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U.S. moves to dismiss ex-senator's conviction

The attorney general cites prosecutorial misconduct in the corruption

April 02, 2009|Josh Meyer and David G. Savage

WASHINGTON — In a surprising reversal, Atty. Gen. Eric H. Holder Jr. on Wednesday moved to void the corruption conviction of former Sen. Ted Stevens of Alaska and ordered an internal review of the prosecutors, saying their case was riddled with impropriety.

The high-profile prosecution of Stevens, who at the time was the Senate's senior Republican, has been criticized by the presiding federal judge. Holder said he was reserving judgment on whether lawyers in the Justice Department's public integrity section had committed misconduct.


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But, he said, the prosecutors had repeatedly failed to provide important and potentially exculpatory information to the defense team. One incident that came to light in a court filing Wednesday raised questions about the testimony of Bill J. Allen, Stevens' onetime friend and the government's key witness.

"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," said Holder, who once served in the public integrity division.

Justice Department officials said they could not elaborate on Holder's decision, citing U.S. District Judge Emmet G. Sullivan's decision to schedule a hearing Tuesday, at which he is expected to approve the government's request.

Holder's decision will probably put new pressure on a division of the Justice Department that once was known for its professional pursuit of corruption, but which more recently has been accused of partisanship and excessive zeal in its prosecutions.

Stevens, 85, was indicted last year for failing to disclose more than $250,000 in gifts and improvements made to one of his Alaska homes. Throughout the trial, Sullivan voiced anger at the division's top prosecutors, saying they had cut corners and concealed evidence from defense lawyers.

"How can the court have the confidence that the public integrity section has public integrity?" Sullivan said at one point. "This is not a trial by any means."

Still, a federal jury convicted Stevens in late October. The Republican lawmaker lost his bid for a seventh Senate term the next week.

In February, Sullivan took the highly unusual step of holding in contempt William M. Welch II, the chief of the public integrity section, and his principal deputy, Brenda K. Morris, the lead prosecutor. Holder then brought in a team of investigators to look into the Stevens case.

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