Trial Of Ted Stevens
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''United States v. Senator Theodore F. Stevens'' was a
criminal trial Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
spanning from 2007 to 2009 of long-time U.S. Senator
Ted Stevens Theodore Fulton Stevens Sr. (November 18, 1923 – August 9, 2010) was an American politician and lawyer who served as a United States Senate, U.S. Senator from Alaska from 1968 to 2009. He was the longest-serving Republican Party (United St ...
as part of the
Alaska political corruption probe The Alaska political corruption probe refers to a 2003 to 2010 widespread investigation by the Public Integrity Section of the U.S. Department of Justice, the Federal Bureau of Investigation, and the Internal Revenue Service into political corrup ...
. Stevens was the main source of coverage of the probe, being indicted by a jury on July 29, 2008 and convicted on seven felony charges of corruption on October 27, 2008,Alaska Senator Found Guilty of Lying About Gifts
''New York Times'', October 27, 2008.
which cost him re-election in the Senate race a week later. The conviction was vacated and rendered null six months later, with the federal judge declaring that the prosecution was one of the worst cases of prosecutorial misconduct he had ever seen. Stevens pled not guilty, publicly declaring "I'm innocent." Stevens asserted his right to a
speedy trial In criminal law, the right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would ...
and requested that the trial be held before the 2008 election.
U.S. District Judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district. Each district cov ...
in Washington, D.C. Emmet G. Sullivan, on October 2, 2008, denied the
mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
petition of Stevens's chief counsel, Brendan Sullivan, that made allegations of withholding evidence by prosecutors. Thus, the latter were admonished and would submit themselves for an internal probe by the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
. ''
Brady v. Maryland ''Brady v. Maryland'', 373 U.S. 83 (1963), was a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States, the prosecution must turn over to a criminal defendant any significant e ...
'' requires prosecutors to give a defendant any material exculpatory evidence. Judge Sullivan had earlier admonished the prosecution for sending home to Alaska a witness who might have helped the defense.(October 3, 2008)
www.nytimes.com, Judge Berates Prosecutors in Trial of Senator
In February 2009, FBI agent Chad Joy filed a whistleblower affidavit, alleging that prosecutors and FBI agents conspired to withhold and conceal evidence that could have resulted in acquittal. As a result of Joy's affidavit and claims by the defense that prosecutorial misconduct had caused an unfair trial, Judge Sullivan ordered a hearing to be held to determine whether a new trial should be ordered. At the hearing, Judge Sullivan held the prosecutors in contempt for having failed to deliver documents to Stevens's legal counsel. On April 1, 2009, on behalf of U.S. Attorney General
Eric Holder Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd United States attorney general from 2009 to 2015. A member of the Democratic Party (United States), Democratic Party, Holder was the first African Ameri ...
, Paul O'Brien submitted an order to set aside the case. Federal judge Emmet G. Sullivan soon signed the order. Since it occurred prior to sentencing it had the effect of vacating Stevens's conviction. Holder was reportedly very angry at the prosecutors' apparent withholding of
exculpatory evidence Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, includin ...
and wanted to send a message that
prosecutorial misconduct In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropria ...
would not be tolerated under his watch. After Sullivan held the prosecutors in contempt, Holder replaced the entire trial team, including top officials in the public integrity section. The final straw for Holder was the discovery of a previously undocumented interview with Bill Allen that raised the possibility prosecutors had knowingly allowed Allen to perjure himself. On April 7, 2009, judge Sullivan formally accepted Holder's motion to set aside the verdict and throw out the indictment, declaring "There was never a judgment of conviction in this case. The jury's verdict is being set aside and has no legal effect," and calling it the worst case of prosecutorial misconduct he'd ever seen.


Stevens' house remodeling and VECO

On May 29, 2007, the ''
Anchorage Daily News The ''Anchorage Daily News'' is a daily newspaper published by the Binkley Co., and based in Anchorage, Alaska. It is the most widely read newspaper and news website (adn.com) in the state of Alaska. The newspaper is headquartered in Anchorage, ...
'' reported that the
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
and a federal grand jury were investigating an extensive remodeling project at Stevens's home in Girdwood. Stevens's Alaska home was raided by the FBI and
IRS The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administerin ...
on July 30, 2007. The remodeling work doubled the size of the modest home. Public records show that the house was after the remodeling, and that the property was valued at $271,300 in 2003, including a $5,000 increase in land value. The remodel in 2000 was organized by
Bill Allen Bill Allen may refer to: * Bill Allen (footballer) (1889–1948), Australian footballer and cricketer * William McPherson Allen (1900–1985), CEO of Boeing * Bill Allen (British politician) (1901–1973), MP for West Belfast * Bill "Hoss" Alle ...
, a founder of the
VECO Corporation VECO Corporation was an American oil pipeline service and construction company until its purchase in September 2007 by CH2M Hill. As of that date, the VECO Corporation ceased to exist. Founded in 1968 as Veltri Enterprises by Wayne Ray Veltri ...
(an oil-field service company) and was alleged by prosecutors to have cost VECO and the various contractors $250,000 or more. However, the residential contractor who finished the renovation for VECO, Augie Paone, "believes the tevens'sremodeling could have costif all the work was done efficientlyaround $130,000 to $150,000, close to the figure Stevens cited last year." Stevens paid $160,000 for the renovations "and assumed that covered everything". In June, the ''Anchorage Daily News'' reported that a federal grand jury in Washington, D.C., heard evidence in May about the expansion of Stevens's Girdwood home and other matters connecting Stevens to VECO. In mid-June, FBI agents questioned several aides who worked for Stevens as part of the investigation. In July, '' Washingtonian'' magazine reported that Stevens had hired "Washington's most powerful and expensive lawyer", Brendan Sullivan Jr., in response to the investigation.The Stevenses paid $160,000 for the renovations. Eisler
"Sen. Ted Stevens Hires Super-Lawyer Brendan Sullivan"
, ''Washingtonian Magazine'', July 1, 2007. Retrieved July 18, 2016.
In 2006, during
wiretap Wiretapping, also known as wire tapping or telephone tapping, is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connecti ...
ped conversations with Bill Allen, shortly after the VECO offices were searched and Allen agreed to cooperate with the investigation, Stevens expressed worries over legal complications arising from the sweeping federal investigations into Alaskan politics. "The worst that can happen to us is we run up a bunch of legal fees, and might lose and we might have to pay a fine, might have to serve a little time in jail. I hope to Christ it never gets to that, and I don't think it will," Stevens said. Stevens continued, "I think they might be listening to this conversation right now, for Christ Sake."Taped Phone Conversations Played At Stevens Trial
''
NPR National Public Radio (NPR) is an American public broadcasting organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It serves as a national Radio syndication, syndicator to a network of more ...
'', Nina Totenburg, October 7, 2008. Retrieved August 9, 2020.
On the witness stand, Allen testified that VECO staff who had worked on his own house had charged "way too much", leaving him uncertainthat he would be embarrassed to bill Stevens for overpriced labor.


Trial


References

{{Reflist History of Alaska Ted Stevens