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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