Shocking Governmental Misconduct Leads to Dismissal of Charges Against Senator Stevens
As everyone knows by now, the Department of Justice has moved to dismiss with prejudice the indictment against former Senator Ted Stevens. While the pleadings in this case are extremely detailed in laying out the factual and legal landscape of the government’s misconduct, at the end of the day, it seems the defense had it right when they argued during trial, in one of their many motions to dismiss that “the government’s misconduct was intentional. This case must be dismissed. No other remedy will deter future prosecution teams from engaging in the same tactics. No other remedy will prevent what has happened in this case from happening again.” In that motion, the government set out in exquisite detail how the government agents and attorneys had knowingly withheld Brady material and knowingly put on false and misleading evidence.
After Senator Stevens was convicted one of the co-case agents, Agent Chad Joy, filed a self styled whistle blower complaint that detailed how the lead case agent, Agent Mary Beth Kepner, had intentionally redacted Brady and Jencks Material that the defense was entitled to receive, and how one of the prosecutors, Nick Marsh of the Department of Justice Public Integrity Section, schemed to relocate a prosecution witness, who had also been subpoenaed by the defense.
Of course, when that complaint was made public, defense counsel, again moved to dismiss the indictment arguing that the “complaint submitted by FBI Agent Chad Joy now confirms what the defense has long believed and alleged: the government cheated and lied in order to obtain a verdict against Senator Ted Stevens.”
Litigation then ensued where the district court was trying to sort out who knew what and when. For almost 3 months, Brenda Morris, the lead prosecutor continued to file pleadings defending the government’s actions, that the court ultimately rejected. Judge Sullivan noted that “over and over again the government has been caught in false representations and otherwise failing to perform its duties . . . and over and over again, when caught, the government has claimed that it has simply made good faith mistakes.”
In mid-February the Department of Justice brought in a new team of prosecutors after members of the original team were held in contempt. The district court withheld ruling as to what sanction is to be imposed with respect to that finding of contempt. No doubt collateral litigation will continue regarding the appropriate penalty for the prosecutors’ contumacious conduct.
Ultimately that new team of prosecutors concluded that evidence material to the defense of Senator Stevens was withheld and that government pleadings regarding that material evidence were inaccurate. The government concluded, in moving to dismiss the indictment that “based on the totality of circumstances and in the interests of justice, it will not seek a new trial.”
A press release by Williams & Connolly, Senator Stevens’ counsel, noted that had the district court simply “accepted the word of government prosecutors as is done often in our courts, the extraordinary misconduct would never have been uncovered.”
The DOJ Office of Professional Responsibility is conducting an investigation into the conduct of the government agents and prosecutors.
District Court Judge Sullivan has scheduled a hearing for next Tuesday, April 7, 2009 on the government’s motion to dismiss.
I have a problem and I'm looking for advice. I don't know where to turn for help. Can you help me please?
In court the trooper testified 'the vehicle he clocked at 12:47am was traveling 63mph in a 45mph zone and was "passing" Mauldin Road, on 41 North'. My first witness testified I'd left the VFW 'between 12:15am and 12:30am'. My next witness testified 'we left the VFW at 12:30am. We drove down Mauldin Road, stopped at the stop sign, turned left onto 41 North and was driving slow because of the rain'. I provided a map from MapQuest showing that the entire trip, from the VFW to the Hotel, should have taken 10 minutes. The trooper also testified that other than the alleged speed, he'd followed the vehicle for a minute or two and there was nothing wrong with my driving. Basically proving the traffic stop was not legal. The night I was arrested I saw the Alco-sensor reading was at .02. On the audio that was provided in court, right after I was read the implied consent and refused, the trooper stated "she'll be .08, I can guarantee she'll be a 10 or better when I get her to jail." His police report said the portable breath test (PBT) reading was .143. At my arraignment I cited Bell v. Burson already decided by the U.S. Supreme Court against the state of Georgia and constitutional rights violations in that the trooper took my license and issued no citations, taking away my ability to drive that night, therefore denying my 14th amendment right to due process. The new judge said "the laws have changed since then." I called the court clerk over a week before my trial date to request legal representation for my trial. I was told no and she proceeded to inform me of what my sentence would be, again denying constitutional right to representation in criminal proceedings. In court, the new judge informed me that if I didn't like the outcome of the hearing I would have the right to appeal and I could get legal representation at that time. He went on to say he found me guilty of both the DUI and speed. I asked if I could get a driving permit to go find a job, he said no but if I didn't make my monthly probation and fine payments I would go to jail. On my deposition the judge reported I plead guilty to the speed, intentionally blocking my right to appeal. Would this be considered LIABILITY FOR FALSE ARREST, FALSE IMPRISONMENT AND MALICIOUS PROSECUTION?
I am angry because I've done nothing wrong. Our Constitution was thrown in the mud, stomped on and laughed at by the state of Georgia. Brady material was withheld. Where can poor people turn?
I have a problem and I'm looking for advice. I don't know where to turn for help. Can you help me please?
In court the trooper testified 'the vehicle he clocked at 12:47am was traveling 63mph in a 45mph zone and was "passing" Mauldin Road, on 41 North'. My first witness testified I'd left the VFW 'between 12:15am and 12:30am'. My next witness testified 'we left the VFW at 12:30am. We drove down Mauldin Road, stopped at the stop sign, turned left onto 41 North and was driving slow because of the rain'. I provided a map from MapQuest showing that the entire trip, from the VFW to the Hotel, should have taken 10 minutes. The trooper also testified that other than the alleged speed, he'd followed the vehicle for a minute or two and there was nothing wrong with my driving. Basically proving the traffic stop was not legal. The night I was arrested I saw the Alco-sensor reading was at .02. On the audio that was provided in court, right after I was read the implied consent and refused, the trooper stated "she'll be .08, I can guarantee she'll be a 10 or better when I get her to jail." His police report said the portable breath test (PBT) reading was .143. At my arraignment I cited Bell v. Burson already decided by the U.S. Supreme Court against the state of Georgia and constitutional rights violations in that the trooper took my license and issued no citations, taking away my ability to drive that night, therefore denying my 14th amendment right to due process. The new judge said "the laws have changed since then." I called the court clerk over a week before my trial date to request legal representation for my trial. I was told no and she proceeded to inform me of what my sentence would be, again denying constitutional right to representation in criminal proceedings. In court, the new judge informed me that if I didn't like the outcome of the hearing I would have the right to appeal and I could get legal representation at that time. He went on to say he found me guilty of both the DUI and speed. I asked if I could get a driving permit to go find a job, he said no but if I didn't make my monthly probation and fine payments I would go to jail. On my deposition the judge reported I plead guilty to the speed, intentionally blocking my right to appeal. Would this be considered LIABILITY FOR FALSE ARREST, FALSE IMPRISONMENT AND MALICIOUS PROSECUTION?
I am angry because I've done nothing wrong. Our Constitution was thrown in the mud, stomped on and laughed at by the state of Georgia. Brady material was withheld. Where can poor people turn?