WASHINGTON — A federal judge refused Thursday to dismiss charges against Alaska Sen. Ted Stevens, ruling that Stevens’ corruption trial can proceed despite the prosecution’s belated disclosure of information that could aid his defense.
After a surprise revelation Wednesday night that Justice Department lawyers had not disclosed the potentially exculpatory information, the ruling followed a hearing on the matter late Thursday.
“Although the court is persuaded there is a . . . violation, the court is not persuaded that dismissal of the indictment or mistrial is the appropriate remedy,” said U.S. District Judge Emmet Sullivan. He added that the government’s actions had broken his trust in the prosecutors and ordered them to give Stevens’ attorneys copies of all witness interviews.
“The court has no confidence in the government’s ability” to meet its obligations to ensure a fair trial, he said.
Stevens, 84, is charged with failing to disclose on Senate financial documents that an energy company executive who contributed to his campaigns also extensively renovated Stevens’ Alaska home without charging him for all of the work.
The potentially exculpatory material involves remarks by the executive, Bill Allen, a key prosecution witness, to FBI agents that he thought Stevens would have paid for the renovations if Allen had billed him. Attorneys for the government did not disclose those remarks to the defense until late Wednesday.
Sullivan said Allen’s information is not entirely new — prosecutors had previously summarized his views in a September letter to the defense — and noted that the defense can stress it when Stevens’ attorneys cross-examine Allen.
In court Thursday morning, prosecutor Brenda Morris acknowledged that the information should have been provided earlier. “We admit we made a gross error, your honor,” Morris said. “. . . But there is no harm to the defendant.”
Sullivan offered to give Stevens’ attorneys time to prepare the rest of their defense or to give new opening statements emphasizing the information they had recently learned. Both offers were rejected, and the trial is scheduled to resume Monday.
