Trial of Ted Stevens

This article is part of a series about Ted Stevens
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United States v. Senator Theodore F. Stevens^[1][2] was a criminal trial spanning from 2007 to 2009 of long-time U.S. Senator Ted Stevens as part of the Alaska political corruption probe. Stevens was the main source of coverage of the probe, being indicted by a jury on July 29, 2008^[3][4] and convicted on 7 felony charges of corruption on October 27, 2008^[5] which cost him re-election in the Senate race a week later.^[6][7]

Stevens pled not guilty, publicly declaring "I'm innocent." Stevens asserted his right to a speedy trial and requested that the trial be held before the 2008 election.^[8][9] U.S. District Judge in Washington, D.C. Emmet G. Sullivan, on October 2, 2008, denied the mistrial 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. Brady v. Maryland 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.^[10][11]

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.^[12] 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.^[13] At the hearing, Judge Sullivan held the prosecutors in contempt for having failed to deliver documents to Stevens's legal counsel.^[14]

On April 1, 2009, on behalf of U.S. Attorney General Eric Holder, 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 and wanted to send a message that prosecutorial misconduct 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.^[15]

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.^[16]