Question for DU legal minds, re: the "mistakes" made during Ted Stevens conviction

[ColbertWatcher]

Are the people who "prosecuted" Stevens still working for government and what would their punishment be for royally fucking up a case? Isn't there some ethical breach when prosecutors mess up the way they did?

[elleng]

1. Definitely an ethical breach

to keep from the defense evidence which might help them.

http://www.nytimes.com/2009/04/02/us/politics/02stevens.html?th&emc=th

[ColbertWatcher]

2. Does that mean who ever was responsible will be held accountable?

I'm hoping so, that means one less "stay behind."

[elleng]

5. Looks like it.

'Senator Arlen Specter (R-Pa.) last week announced his intention to investigate the way the government conducted the case. Judge Sullivan had been preparing to conduct evidentiary hearings in his own review of allegations of prosecutorial misconduct. After the Justice Department asked for the dismissal yesterday, Sullivan told both sides to appear in his courtroom Tuesday. He is likely to grant the request.

In February, Sullivan held three prosecutors -- William Welch II, Brenda Morris and Patricia Stemler -- in contempt for failing to comply with a court order. Welch is the head of the public corruption unit, and Morris was the lead prosecutor. Six members of the prosecution team eventually withdrew from the case.'

http://www.washingtonpost.com/wp-dyn/content/article/2009/04/01/AR2009040100763_2.html?hpid=moreheadlines&sid=ST2009040101268

[Lasher]

6. Stevens' prosecutors removed from misconduct proceedings

Published: February 16th, 2009

TRIAL AFTERMATH: Move comes on heels of contempt ruling.

The Justice Department said Monday it has removed the legal team that prosecuted former U.S. Sen. Ted Stevens from further post-trial proceedings that concern allegations of government misconduct.

The terse announcement, made as part of a larger filing by prosecutors, leaves questions unanswered about the scope of the decision. A spokeswoman for the Justice Department declined to elaborate.

<snip>

The filing announced the replacement of the original team of attorneys led by the Justice Department's Public Integrity Section from "litigation relating to allegations of misconduct in this matter." The team is headed by William Welch, chief of that office, and his main deputy, Brenda Morris, who was the lead attorney in the Stevens trial. Also affected are two other lawyers in that office, Nicholas Marsh and Edward Sullivan, and two on special assignment from the U.S. Attorney's office in Anchorage, Joe Bottini and James Goeke.

http://www.adn.com/news/politics/fbi/stevens/story/692542.html

According to this Anchorage Daily News article the six members of the prosecution team were removed. Your WaPo article portrays the transition as an eventual withdrawal, which is a somewhat more magnanimous toward the six individuals in question.

[MADem]

8. Wonder if they got their law degrees from "Liberty U" or one of those Jesus mills. nt

[onenote]

10. Brenda Morris is a career prosecutor

Started working at DOJ in 1991; undergraduate degree from USC; law school degree from Howard University.

http://www.law.georgetown.edu/faculty/facinfo/tab_faculty.cfm?Status=Faculty&ID=1997

Haven't located bio info on Welch or Stemler

[MADem]

11. Now I'm wondering if they weren't paid off to fuck up deliberately.

It's one way to get the guy off....

[varkam]

12. Yeah - that's a big no-no.

Enlighten me, though - does it matter whether the failure to disclose/discover was prejudicial or not to the defendant, or is any failure automatically grounds for another trial?

[Norquist Nemesis]

3. Better question: Were the same people involved in both cases

and for that matter the Minor case in Mississippi as well.

The one thing about Stephens (R) is that (R) gives some political cover to Holder for giving a second look-see at such cases as Siegelman (D) and Minor (D). That is a good thing for looking at this from a perspective of justice-blind. Holder has his hands full, to be sure.

And on another related note...Why is that despicable scumbag weasel Tom DeLay getting ANY airtime. While I'm certain DUers are fully aware of what's happened with his case, as far as the average viewing public of MSM is concerned, he's on the Air talking so any criminal proceedings against him must have been frivolous and dismissed, or why else would he not be in prison? Correct? Crooks go to jairl, right? ...

Sometimes "the message" has more sway than reality.

[ColbertWatcher]

4. That's what I was thinking (re: other political malfeasance by the GOP)

But, as far as DeLay goes, I'd never thought of that. Of course, I didn't know he was even on TV in the last month.

I know he's got his own version of MoveOn, GAIN (Grassroots Action and Information Network), but I know little else.

I wonder if Holder is going to have to review all federal convictions during the GOP era?

Duke Cunningham? Bob Ney? Who else? Maybe it was a good idea not to have gone after Dumbass and his cartel? I can just imagine how fucked up their cases would have been.

[TexasObserver]

7. You are correct. If prosecutors hid exculpatory evidence, it's a serious ethics violation.

The Justice Dept should report their misconduct to the bar, for investigation.

[KharmaTrain]

9. We'll Soon Find Out

As Josh Marshall reminds us, the facts remain that Stevens took money and favors from oil companies to renovate his house. He was found guilty on those charges.

What occured was just another example of the incompetence of the boooooosh "justice" department. Even with a solid case, they bungled it and Holder did the right thing. Now was this intentional? That is to be determined as Holder promises a thorough investigation.

Again, Stevens is a crook...he WAS convicted by a jury. Did Allen's testimony send him up the river? Possibly...but there were other factors in this case that helped convince 12 peers that he was corrupt.