If at First You Don’t Succeed…

6 12 2008

This reminds me of that old piece of advice, “Ask for everything. The worst they can say is ‘No.’”

Ted Stevens’ lawyers have asked Judge Emmett Sullivan to overturn the jury’s verdict. That’s right, just toss the verdict out and rule for an acquittal.

And if he won’t do that, then they’ll settle for a new trial. In Alaska.

And if he won’t do that, then they’ll settle for a new trial.

AND they want 6 of the 7 felony counts dismissed because they are the same as the first felony count.

They also asked the judge to allow them to file some exhibits in support of their motions under seal because the exhibits refer to personal information about jurors and to the ongoing investigation by the government into political corruption in Alaska.

This might have something to do with Juror #9 who had “violent outbursts” during the deliberations, and whom all the other jurors wanted off the island. Or, it could have to do with Juror #4 who lied about her own father’s death, and skipped town to watch a horse race. Or, it could have to do with our favorite Juror #11 who has been talking to the press and keeping a blog that describes some interesting goings-on behind the scenes. And now, it appears that the defense has been doing some investigative work that reveals what they believe to be jurors who lied on their forms and failed to disclose relationships with the criminal justice system that could have made them prejudicial against Stevens, and politicians in general.

AND they say that Bill Allen, former CEO of Veco Corp, and key witness for the prosecution lied when he said that the friend of Stevens who was overseeing the renovation said, “Don’t worry about getting a bill. Ted’s just covering his ass.”

Under an earlier schedule set by U.S. District Judge Emmet Sullivan, the government has until Jan. 9 to respond to the defense’s post-trial motions. A hearing is set for Feb. 25.

In asking for a new trial, the defense lawyers said Stevens’ trial was fatally flawed with false evidence presented by the government, improper hearsay evidence from a witness who was the “linchpin” of the government’s case, and by jurors who lied to the court and were prejudiced from the start against politicians.

Such post-trial motions are common in criminal trials but rarely succeed before the trial judge, who has ruled upon most if not all of the arguments before. However, they set out the basis for a likely appeal, and could also be used by advocates seeking a presidential pardon for Stevens to assert he was tried unfairly.

Like it or not, the Stevens trial continues. Trialophiles will want to read the entire article in todays Anchorage Daily News.

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56 responses

6 12 2008
akmuckraker

And yes, it’s snowing on the Mudflats! It will be snowing on and off between now and January 4th. Think of it as a little “reality blogging” from the Last Frontier! :-)

6 12 2008
Grammy in PA

Could Uncle Ted just GO away? And take Grifter Barbie w/ him?

6 12 2008
Grammy in PA

Geez, I thought my eyes were seeing stars . . . oh, only snowflakes!

6 12 2008
Irishgirl Rosebud.

I know Grammy, I feel the same way! Sigh.
I love the snow AKM.

6 12 2008
LGW in WA

Are you going to reveal your snowflake secret? How very cool.

6 12 2008
Grammy in PA

Wish we could find more judges like the one in the OJ trial – she said he was arrogant and ignorant. Hahahaha, I loved seeing him squirm and whine – it’s that type of arrogance that gives people the impression that they are above the law; he got his and I hope the High Plains Grifter gets hers.

6 12 2008
Irishgirl Rosebud.

What really irks me is the fact that both Stevens and Palin never accept responsibility for their actions. They continually do what they want and think they are exempt from the law. If I lived in Alaska I would be seething.

And it doesn’t help that they had some looney jurors!

6 12 2008
pamela

Caught about 5 minutes of Rush Limbaugh yesterday (really all I can take) and he was complaining about how corrupt Dems are never held accountable – whereas Republicans are pilloried for even minor offenses. One of his examples was Ted Stevens who was losing his job even after he was re-elected…

Hmm, must be a parallel universe. I could have sworn Begich was elected to the Senate… Or maybe I just misheard Rush – he couldn’t really think Republicans are held to a higher standard, could he?

On the other hand, L keep reading good things about Olympia Snowe. Now if more Republicans were like her, maybe we could really have a post-partisan congress.

6 12 2008
fawnskin hussein mudpuppy

loving the snow…but want it to pile up at the bottom.
then i could make a snow angel.

it’s all about me, you know.

6 12 2008
Grammy in PA

http://www.thepetitionsite.com/takeaction/968322162

Sarah Palin: Alaska’s Dead Wolf Pups Demand Justice!
Target: Alaska Governor Sarah Palin
Sponsored by: Care2.com

This summer, Alaska wildlife agency personnel reportedly staked out a known wolf denning site – a practice that is illegal under Alaska law – and, using helicopters, gunned down 14 adult wolves from the air.

When they landed, they found 14 helpless pups in the nearby dens – infant wolves just weeks old – and methodically shot each one in the head. 28 wolves gunned down in all.

Here’s a prime example of her administration’s belief that they don’t have to follow the law; obviously the governor thinks she doesn’t and that has trickled down to her state agencies. Honestly, anyone should be ashamed to be a part of this.

6 12 2008
Mired...in the Pine Barrens

OMG! It’s SNOWING!! Yippee! I just love this place. Does that mean we might not have school tomorrow?

6 12 2008
Irishgirl Rosebud.

OT a bit, but my fear with Palin and her sudden interest in healthcare etc would be, does she have the ability to manage this change in expenditure?
Or will she leave Alaska in the same state as she left Wasilla? Does she have a good staff, besides school friends, to help her balance the books?

Would she even take advice?

6 12 2008
pdx mb

Fawnskin: I’m with you–would love to make snow angels! That would be such a nice diversion from the “Corrupt and Corrupter” show up north…

6 12 2008
GJ in ID

I just hung up my Snow girl, near our House numbers on the front porch, and was thinking, “snow sure would be better than this rain today”. What a delight to come here and see it is snowing. Thanks AKM, you’ve made my day.

As for teddy and his Christmas list to Judge Santa, well let’s just say, I’m hoping he gets another chunk of coal in his stocking this year.

6 12 2008
banjobailey

Love the snowflakes! Poor Ted! He is going to be overwhelmed by his legal situation from now to eternity! No way, will his “golden years” be free, period.
It is sad, in the sense, that one feels sad for an old man. It is NOT sad, in the sense that one feels that justice should be served.

6 12 2008
the problem child (a jerk, also)

In their defence, Stevens’ lawyers are doing exactly what good criminal lawyers do: Find every possible irregularity and exploit it. Another way to describe it would be they throw all the sh^t at the wall and see what sticks.

6 12 2008
Grammy in PA

GJ in ID (12:40:31) :

* * *

I love the image that Ted’s Christmas list to Santa creates – I can just see the judge dressed up in a Santa suit and Uncle Ted sitting on his knee unscrolling his list, awwww, how cute!

6 12 2008
BigPete

I loved the snow-it’s groovy, man-but why stop after Jan 4?
As an ‘AK kind of thing’ shouldn’t it go on until……….. May?

6 12 2008
crystalwolf a.k.a. caligrl

Love the snow 8)
Cannot believe, what is going on up there!Overturn the Verdict? Want a new trial. And BTW drop 6 of the 7 counts b/c they are THE SAME?
And Rush the idiot saying he got reelected????
Yesterday my BF half-brother sent a vid. from Faux news, and the woman announcing was the same as Barbie,Bachmann, Coulter and she was talking about how Christmas is not going to be the same b/c of….you guessed it OBAMA! I could only stand to listen to about 3 mins of this drivel….I told my BF to send him to change.gov and READ what’s going on there…but his step-brother is a Mormon….so I’m sure that won’t happen.
These people are just Unreal. They live in a magical world. A evangelical magical world.

6 12 2008
dowl

It’s snowing in Chicago too. AKM, again, thank you for keeping us informed. Our former governor, George Ryan is currently in jail for corruption in issuing driving licenses. He was prosecuted and found guilty in part because at the end of his term, he placed a moratorium on executions for the inmates on death row. That decision did not sit well with rabidly pro-life, pro-death penalty upright citizens of influence. Most death row inmates were nonwhite. In Chicago, we have suffered the infamous reign of Jon Burge (torturing arrestees, forced confessions, lies, cover-ups, ad nauseum).

University law school students, working with seasoned professionals, uncovered many falsely imprisoned men who had served long years were proven innocent with police brutality, sloppy police, and substandard legal defence work at the root of the convictions. Chicago is still paying the pension of Jon Burge, retired in Florida. The City paid millions of dollars to defend the rogue cop including settling civil law suits. The police union has taken up the defense of the perjury charges against the ex-cop. Former Gov. Ryan had his pension denied.

Politicians here have requested that Bush commute George Ryans’ sentence without a pardon which may not happen since George Bush happily approved executing even the mentally incapacitated as governor of Texas.

All this to say–Alaskans should not be surprised if Ted Stevens gets his way and has his convictions ‘tossed’ out. Lord, help us all.

6 12 2008
Grammy in PA

dowl (13:22:36) :

* * *

Your comments make Alaska’s problems seem small – what has happened to this country?

6 12 2008
Grammy in PA

fawnskin hussein mudpuppy (11:48:25) :

loving the snow…but want it to pile up at the bottom.
then i could make a snow angel.

* * * *

My snowflakes are sticking to the bottom of my screen . . .

6 12 2008
CO Almost Native

Let it snow, let it snow, let it snow…

Uncle Ted’s team of lawyers is setting the stage for an appeal- good thing it’s coming out of his pocket (and those who lined his pockets), and not Alaskans’ pocketbook…oh, wait- SP is taking it out of their pocketbook.

sorry.

6 12 2008
fawnskin hussein mudpuppy

YEA…STICKING SNOWFLAKES !!!!!

6 12 2008
Anonymous

There has been a break in the snow….

We, on the other hand will be getting our first snowfall of the evening….

Oh wait! the snow started up again. Oh joy, rapture!

Oh, and it seems like the Alaskan political scene is ripe for some shenanegins. Why shouldn’t it be? Nobody is accountable for anything.

All I can hope is that sentence ends with “Yet”.

6 12 2008
Proud Community OrganizerWA

Very Clever with the snow! I only thought I was having a stroke for a second! LMAO

“by jurors who lied to the court and were prejudiced from the start against politicians.”

If this is the standard you will continue to have mistrials! Try finding a jury that has no prejudices against a politician. Good Golly!

6 12 2008
Ripley in CT

There has been a break in the snow….

We, on the other hand will be getting our first snowfall of the evening….

Oh wait! the snow started up again. Oh joy, rapture!

Oh, and it seems like the Alaskan political scene is ripe for some shenanegins. Why shouldn’t it be? Nobody is accountable for anything.

All I can hope is that sentence ends with “Yet”.

6 12 2008
wired differently

It’s snowing, it’s sticking, my kids will all be home for the holidays, Obama is President-Elect, Michelle and those darling girls come with the package, and Caroline Kennedy is interested in the Senate seat being vacated by Hillary, who is going to beSecretary of State.

Ted who? Sarah who? Rush who? buried in a snowdrift. buh-bye

6 12 2008
Ripley in CT

I’m sorry there…. Please feel free to delete the Anonymous one AKM… sheesh…

6 12 2008
nswfm CA

Hope snow sticks in Park City, where they call it the Greatest Snow on Earth because of the powdery fluff, and the 2002 Olympics were held there, plus the Olympic ski team is based there. I MAY be going next week to one of my condos (overlooks the Ski Jump/BobSled venue) there to meet a colleague from NYC and his family. My snow clothes get no use in So Cal (wearing sandals today).

6 12 2008
bubbles

snowing in alaska and in ohio .waiting for akm to send a bit to new york. meanwhile i will enjoy the great graphics and pictures on this lovely site.

6 12 2008
texasbrian

Loving the faux snow. I don’t get to see the real thing very often these days, so I’ll just have to play pretend for a while.

Ok…so Senator Stevens. I don’t know what to make of this. I think that the request to reverse the first verdict is completely bogus and stands no chance of passing in court. The best that he can hope for is a retrial. I also tend to think that the change of venue request is a definite stretch. Obviously his lawyer feels that he will stand a chance at getting a more lenient jury in his home state, but I feel that since the first trial was held in DC, then the retrial should also have to be held there. I think any retrial should include all the same charges that were brought in the first trial. It seems like his lawyer would have made these claims of the charges being redundant before the initial trial. I’m no lawyer, but that just seems to make sense to me.

Back to the snow…I like how it collects at the bottom of the window. :)

6 12 2008
Stuck

@crystalwolf – Don’t dismiss him just because he’s Mormon. I’m Mormon but I’m a die-hard liberal (socially too). I even think we should legalize most illegal drugs, but mostly because its just about as effective as Prohibition was. I’m one of a few who doesn’t believe the church is infalliable, if you reach out to him, maybe he can be one too (and if he needs help getting there, ask him about blacks and priesthood, there’s no rationalizing that one).

And AKM, the snow is beautiful. It’s even sticking to the sides of the column (look over to the line between the white and grey).

6 12 2008
VoteNov4

The snow is great! It makes reading about distressing, public-good-who?, serving only me, myself and I politicians a lot more fun.

6 12 2008
crystalwolf a.k.a. caligrl

Stuck (15:28:12) :

@crystalwolf – Don’t dismiss him just because he’s Mormon. I’m Mormon but I’m a die-hard liberal (socially too). I even think we should legalize most illegal drugs, but mostly because its just about as effective as Prohibition was. I’m one of a few who doesn’t believe the church is infalliable, if you reach out to him, maybe he can be one too (and if he needs help getting there, ask him about blacks and priesthood, there’s no rationalizing that one).
~~~~~~~~~~~~~~
Stuck…I hear what your saying, didn’t mean to offend anyone, but the vid from faux news was pretty anti-obama and I have no idea why he though we would want to see it?
It was like , “Everyone’s going to have to be baking instead of buying stuff, because of Obama” Something I wanted to do, but This whold thing is not Obama’s fault, he is being handed a Giant moose nugget from GWB. But they are blaming Obama before he even becomes President? I really wish he would go to the change.gov link.
I don’t know if my BF sent it yet to him. If they would only go there and READ! Obama is trying his best to do GOOD for EVERYONE, not just us who voted for him.
I don’t know how they can not comprehend that?

6 12 2008
phoebe

@Proud Community
Funny

Snow & beautiful photographs, what more could you ask for…I know…for Ted & Sarah to go away!

6 12 2008
phoebe

Hey, what’s going on, it stopped snowing.

6 12 2008
Irishgirl Rosebud.

Nobody is accountable for anything. Ripley I agree. It is shameful.

6 12 2008
austintx

Good thing about the feds is they don’t mind retrying people – because they have a bottomless ckbook……..they just keep casting that net……..because there are ALWAYS more fish besides the one they are after…….how ya sleepin’ Sarah !?!?

6 12 2008
Marnie

crystalwolf a.k.a. caligrl
But they are blaming Obama before he even becomes President?

It is always somebody elses failure. That is the mantra of the dysfunctional.

Reagan ran against FDR, who had been dead for over a quarter of a century, and the New Deal, and Johnson and the Great Society, Johnson had been out of office for three terms and, I believe, also had passed away by then.
Both Bushs openly ran against the Great Society promising to reverse every bit of legislation and every federal and court ruling that supported that populist concept.

Want to know what political conservatives are? They are the Great Undoers of Good. They are to freedoms and equality, and open mindedness, what Black Holes are to matter. They suck in freedom, equality, opportunity, education, even the American dream and turn those ideals into nothingness. They are the Anti-Americans

Nothing that was or is wrong in America is their fault. It is the liberal’s fault, is the fault of the young, the fault of the unions, of the blacks, of the poor (like Fanny and Freddy’s failure is the fault of poor people now) – and on and on.

They openly acknowledge, therefore, that they are irresponsible, but state it in a way that makes them look guiltless.

Soooooo!. We have to keep reminding them that they are the real S*(^#-ups.

And hooray! The internet and sites like Mudflats lets us do it over and over and over.

Not just a single letter to the editor of a MSM publication that gets published once in a while or a letter to one representative that never makes it to their desk, but a flood of comments and a continuous sharing of community and support that we give each other when we find so many like minded citizens, from around the country and the world.

6 12 2008
crystalwolf a.k.a. caligrl

Marnie (16:45:11) :
Awesome post!!!! This is perfect….Want to know what political conservatives are? They are the Great Undoers of Good. They are to freedoms and equality, and open mindedness, what Black Holes are to matter. They suck in freedom, equality, opportunity, education, even the American dream and turn those ideals into nothingness. They are the Anti-Americans

Nothing that was or is wrong in America is their fault. It is the liberal’s fault, is the fault of the young, the fault of the unions, of the blacks, of the poor (like Fanny and Freddy’s failure is the fault of poor people now) – and on and on.

They openly acknowledge, therefore, that they are irresponsible, but state it in a way that makes them look guiltless.
perfectly said….8)

6 12 2008
Stuck

Well, there’s gonna be plenty of time in the next 8 (God willing) years for conservatives to reflect on their poor choices. But, knowing some of them, they might claim anything good done under Obama is a direct result of Bush.

Can we take Faux News off the air yet?

6 12 2008
Marnie

Hey, no fair.
I let off a little steam and all my snow melted.

6 12 2008
Lance the Boil aka Crust Scramble

OT, but did y’all read Bill Ayers OpEd piece in the NYTimes?

http://www.nytimes.com/2008/12/06/opinion/06ayers.html?_r=1&ref=opinion

As for Tedlet – he’s just hoping to snow us one more time.

6 12 2008
crystalwolf a.k.a. caligrl

Marnie (17:06:06) :

Hey, no fair.
I let off a little steam and all my snow melted.
~~~~~~~~~~~~~ :D :D mine too!

6 12 2008
crystalwolf a.k.a. caligrl

Lance the Boil aka Crust Scramble (17:15:32) :

OT, but did y’all read Bill Ayers OpEd piece in the NYTimes?

http://www.nytimes.com/2008/12/06/opinion/06ayers.html?_r=1&ref=opinion

~~~~~~~~~~~~~~~~~
Really great article.

6 12 2008
texasbrian

@ Lance the Boil aka Crust Scramble:

Thank you for that link. Very good article. I hope that some people with no idea what the Weather Underground is or what they tried to accomplish get a chance to read it. I especially hope that SP reads it…the NY Times is one of her favorite news sources after all. :)

6 12 2008
nswfm CA

another one from the NYT

http://www.nytimes.com/2008/12/06/opinion/06collins.html?em

Since it takes 60 senators to force a vote on a bill, if the Republicans stick together they can stop things from happening. Maintaining the capacity to bring things to a screeching halt is important for any party, so all the gang went down to Georgia to rally the troops. Mitt! Mike! McCain! Together again, just like in the primaries, with a stuffed manatee playing the part of Fred Thompson. “If we give them a blank check, they will sign that check and be taking money out of our pockets,” warned Rudy Giuliani, whose total failure as a presidential candidate clearly has not affected his ability to turn a phrase.

And the troops heard their call. One woman at a Sarah Palin rally told The Times’s Robbie Brown that she was terrified that Obama was “going to push a socialist agenda” but that she was sure “Saxby Chambliss can stop him.”

Now Chambliss has been a senator for six years, and his greatest achievement was getting ranked the 33rd best golfer in Washington by Golf Digest. It is highly unlikely that he could stop the president from doing anything beyond making a putt….

Olympia Snowe, the senior senator, is widely regarded as one of Congress’s quality acts. In fact, some people might have wondered why John McCain, if he was so desperate for a woman on his ticket, ignored a well-traveled, independent-minded experienced legislator who does her homework in favor of an out-to-lunch moose-murderer who cannot seem to put together a coherent sentence.

“Well, you know, John made the decision he did,” said Snowe vaguely.

Snowe seems very conscious of how key her role could be over the next few years, since she talks about building bridges with the enthusiasm of an Alaskan pork-monger. In recent years, she said, she’s been “embarrassed for our institution. I couldn’t possibly explain to my constituents what was going on here, the all-or-nothing drawing lines in the sand.”

6 12 2008
wired differently

@Marnie

Ditto from me. Great comment.

The Bill Ayers piece was also well worth reading. He was on Fresh Air recently and spoke equally eloquently.

Thank you, one more time, AKM. You strike just the right tone– serious, unrelenting, respectful, inquiring, snarky when it’s called for, joyous and celebratory, and playful. As I write this the snowflakes are piling up at the bottom of the window. I’d so love to take you out for a cup of coffee sometime. Anonymous in your yellow boots, you have many friends.

6 12 2008
Denise sansMSgaAZca

Falling snow. Ahhhh.

Puts me to singing. Oh the weather outside is frightful, but the fire inside’s delightful, and if you’ve no where to go, let it snow, let it snow, let it snow.

6 12 2008
CO Almost Native

Marnie (16:45:11) :

I agree about today’s GOP socio-religious conservatives. They are descended from McCarthy, via Reagan. The original conservative Republicans began with Goldwater, a conservative who espoused fiscal restraint, but was a social moderate. Limited government, but services for those who need a hand up.

Ted, SP, Rush, et al use McCarthy fear, labeling, smear tactics- McCain used to be a protege of Goldwater, but because a suck-up early on…never was a maverick:(

6 12 2008
CO Almost Native

Denise sansMSgaAZca (18:39:11) :
Falling snow. Ahhhh.

Puts me to singing. Oh the weather outside is frightful, but the fire inside’s delightful, and if you’ve no where to go, let it snow, let it snow, let it snow.

CO Almost Native (13:49:58) :
Let it snow, let it snow, let it snow…

Finally!! Someone heard my singing:) Duet, Denise?

6 12 2008
Vlad the ImPalin

Well, I guess one could say that at least Alaskan politicians don’t try to pretend they’re honest – they wear their corruption with perverted pride.

6 12 2008
Lacy Lady

We are expecting more snow here in Iowa. I am not really all that excited about it. —–As for Sarah reading the NY times—Never happen—too busy making moose stew.

6 12 2008
mimi

Stevens is a putz but your snowflakes are just too wonderful.!!! Thanks for making the site fun amidst the monkey business

6 12 2008
crystalwolf a.k.a. caligrl

I just watched a replay of Barack on Letterman’s show on 9/10. I LOVE THAT MAN, BARACK!!!>/b>I was laughing so hard when he explained the “lipstick on a pig thing” it was so funny, he has so much warmth and personality. I was too young to feel anything but extreme sadness JFK and RFK.
But I totally LOVE Barack! He’s human, he’s funny, he’s smart, he’s thoughtful, and he love’s us and CARES about US!!!!
Now I come across this site… a Barbie site, stupid people. But we must keep a eye on them…

http://hillbuzz.wordpress.com/2008/12/06/draft-sarah-palin-for-president-movement-has-begun/

On a wonderful note….
One of our very own…Mudflatter’s have painted a awesome pic of Barack. Here is her blog. I want to buy a copy as soon as I’m able. I’ve never wanted a President’s picture in my whole life…but Barack, he is different, HE CARES, HE IS HONEST, HE is For the people.
here is the blog for this awesome pic, from fellow Mudflatter….

http://mimitabby.blogspot.com/




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