Vous êtes sur la page 1sur 28

BBC NEWS | Americas | Alaska senator trial in ... http://news.bbc.co.uk/2/hi/americas/7649168.

stm 10/2/2008 13:55

A D V E R T IS E ME NT

Low graphics Accessibility Help

Search Explore the BBC

ONE-MINUTE WORLD NEWS

Page last updated at 16:51 GMT, Thursday, 2 October 2008 17:51 UK


News Front Page

E-mail this to a friend Printable version

Alaska senator trial in disarray


Africa

Americas
A US judge has halted the A D V E R T IS E ME NT

corruption trial of Alaska Senator


Asia-Pacific
Ted Stevens after defence
Europe lawyers said prosecutors had
Middle East withheld vital evidence.
South Asia
Judge Emmet Sullivan sent the jury
UK home while he decided whether to
Business dismiss the charges and declare a
mistrial.
Health

Science & Environment Mr Stevens is accused of lying on Mr Stevens has been in the US Senate
Technology Senate financial disclosure forms since 1968
about gifts from an oil firm.
Entertainment

Also in the news Mr Stevens, who is the longest-serving Republican in the Senate, has denied
----------------- the charges.
Video and Audio
----------------- Defence lawyer Brendan Sullivan asked the judge on Thursday morning to
SEE ALSO
A D V E R T IS E ME NT dismiss the charges against his client.
Profile: Senator Ted Stevens
He said that prosecution lawyers had not turned over FBI reports about their 24 Sep 08 | Americas

star witness, Bill Allen, who had already testified, until late on Wednesday Alaska senator charged over gifts
night. 29 Jul 08 | Americas
FBI searches US senator's house
Prosecutor Brenda Morris admitted a mistake had been made, but said it was 31 Jul 07 | Americas
not sufficient to declare a mistrial.

"We are human and we made an error," she said.

Visibly annoyed, Judge Emmet said that was "unbelievable" and "very
troubling", and told the prosecution to hand over to the defence all FBI TOP AMERICAS STORIES
interviews with witnesses.
US markets wary over rescue deal
He ordered both sides to file briefs on the matter and said he would discuss it US awaits Biden-Palin TV debate
later in the day. Wreck confirmed as Fossett plane
Have Your Say
Election | News feeds
In Pictures
Mr Stevens is accused of failing to disclose $250,000 (£135,000) of work
Country Profiles
done on his house free of charge by employees of the Veco oil company that MOST POPULAR STORIES NOW
Special Reports
normally builds pipelines and processing equipment. E-MAILED READ WATCHED/LISTENED
Related BBC sites His lawyers say the reports withheld until Wednesday by the prosecution
Sport Wreck confirmed as Fossett plane
related to an FBI agent's interview with Mr Allen, Veco's founder, who
Weather
pleaded guilty to bribery charges in May 2007. World's heaviest man set to marry
On This Day
Editors' Blog Biden-Palin debate: gaffe potential?
The interview showed that Mr Allen believed Mr Stevens, his long-time
BBC World Service
friend, would have paid for the renovations if he had billed him. South Korean star Choi found dead
Site Version Britain's top policeman resigns
Mr Stevens has pleaded not guilty, saying he has "never knowingly
UK Version
submitted a false disclosure form required by law as a US senator".
International Version
Most popular now, in detail
About the versions Mr Stevens has continued to campaign since he was indicted in July.

Languages His Senate seat is up for grabs in November's election and polls suggest he is
facing a tough battle against his Democratic challenger, Mark Begich, if he is
to secure an eighth term.

E-mail this to a friend Printable version

Bookmark with: What are these?

Delicious Digg reddit Facebook StumbleUpon


Dana Milbank - The Aw-Shucks Defense - wash... http://www.washingtonpost.com/wp-dyn/content... 9/26/2008 14:24

Hello witryol22
Change Preferences | Sign Out Print Edition | Subscribe | PostPoints

NEWS POLITICS OPINIONS LOCAL SPORTS ARTS & LIVING CITY GUIDE JOBS CARS REAL ESTATE RENTALS SHOPPING

SEARCH: washingtonpost.com Web | Search Archives

washingtonpost.com > Columns

» THIS STORY: READ + | Comments FEATURED ADVERTISER LINKS

Sketch Archive | RSS | Sketch Q&As | Politics Headlines | Politics E-Mail

The Aw-Shucks Defense


By Dana Milbank
Friday, September 26, 2008; Page A03

Sen. Ted Stevens, his career and his


freedom in jeopardy, did the honorable
thing as he went on trial yesterday on
corruption-related charges. He blamed
his wife.

THIS STORY
The Aw-Shucks Defense
Attorney for Stevens Tells Jurors
Alaska Senator 'Is Honest,' Did Not Lie

Average guy Ted Stevens, arriving at court with daughter Beth. (By Jose
Luis Magana -- Associated Press)
Yes, Stevens, the first sitting senator to
be indicted in a generation, failed to TOOLBOX
report a home renovation and other pricey gifts from a Resize Print E-mail
pipeline company. But, his lawyer told the jury yesterday, it
Yahoo! Buzz Save/Share +
was his wife who reviewed the bills and took care of the
finances.
COMMENT

"You have to look at the relationship between Ted and washingtonpost.com readers have posted 69
Catherine, because it says something about what happened comments about this item.
View All Comments »
here," superlawyer Brendan Sullivan declared. In fact, he
said, the Stevens family has a saying: "When it comes to POST A COMMENT
things around the tepee, the wife controls. That might seem You must be logged in to leave a comment.
old-fashioned, but Ted Stevens is old-fashioned." Log in | Register
Why Do I Have to Log In Again?
And rather ungallant.

The 84-year-old senator left his lawyers the unenviable task


of explaining away all the goodies he took but didn't report.
"He didn't want these things," Sullivan said of the gifts. The
tool cabinet? "He wanted it out of there." The furniture?
"Used! Big cigarette hole in it." The garage? "It snows six
feet a year." The $20,000 worth of Christmas lights? "I
Discussion Policy
suppose Ted Stevens, the senator, should go home and get
some climbing shoes on, go up and take them down, and WHO'S BLOGGING
send 'em back?" » Links to this article

Actually, all he had to do was report them to the Senate on his disclosure forms. But instead,
Stevens, caught up in a sprawling Alaska corruption scandal, sat scowling and grumbling in the
defendant's chair yesterday as he listened to opening arguments that, in a way, echoed the class-
warfare themes of the campaign trail. Prosecutor Brenda Morris portrayed Stevens as a man of
privileged tastes foreign to the 16 jurors. In response, Sullivan, counsel to Ollie North and Henry
Cisneros, portrayed the former Senate president pro tempore as the very model of the average guy.

"The defendant is a career politician; he has been a United States senator for 40 years," Morris told
the jurors. "You do not survive politics in this town for that long without . . . knowing how to fly
under the radar."

"Excuse me!" Sullivan, leaping to his feet, complained to the judge, who ignored the objection.

Morris spoke to the jurors, 10 of whom are women, as if chatting with girlfriends. Stevens "denied
the public its right to know," she said, "so he could keep the flow of benies coming." The
renovation was expensive, she taunted, "but, hey, the cost is always good when the price is free."
She had contempt for Stevens's "expensive massage chair from Brookstone -- you know, that
gadget store you see in all the malls." She ridiculed the free services done for him by Veco, the
pipeline company: "We reach for the Yellow Pages -- he reached for Veco."
Dana Milbank - The Aw-Shucks Defense - wash... http://www.washingtonpost.com/wp-dyn/content... 9/26/2008 14:24

Morris deplored his "sheer extravagance," his "house near Georgetown," his "racehorse
partnership" and the Alaska home Stevens unwisely called his chalet. "The chalet was
transformed," Morris exulted. "The hammers were swingin' at the chalet."

For the occasion, Stevens left his Incredible Hulk necktie at home in favor of a somber blue
number, and he traded his usual orthopedic sneakers for traditional black shoes. Using a court-
provided hearing device and sticking out his lower lip in a perma-scowl, he muttered a protest
when the prosecutor spoke of his failure to pay for the renovations, grumbled when she mentioned
all the add-ons at his home, and tossed his pen down when she mentioned the Land Rover he got
in a sweetheart vehicle swap.

With some difficulty, Sullivan tried to portray his client, and himself, as humble commoners,
giving aw-shucks accounting of the "strange story about the remodel" that landed Stevens in court.
"I'm not used to wearing a microphone," the superlawyer said sheepishly as he began his
argument. And Stevens, though representing "pretty far away" Alaska, "lives here with us in the
District of Columbia because he works up on Capitol Hill."

"You won't find him at the art gallery" on days off, Sullivan assured the jurors. "He'll put on boots
and go out in the woods." Sullivan even tried the creative argument that his client sided with labor
unions over big oil. "To heck with them!" Sullivan recalled the former Senate Commerce
Committee chairman saying of his beloved energy companies.

Sullivan also said he would call to the witness stand "some people you will recognize," specifically
mentioning Daniel Inouye, Orrin Hatch and the ailing Ted Kennedy. But that doesn't mean the
defendant isn't an ordinary guy. "Those are the people he lives with," Sullivan said.

Another person Stevens lives with came in for rougher treatment. Catherine, his wife, was the one
supposed to "keep track" of paying for the home renovation, Sullivan said. She took a "more
substantive" role in the project. The scope of the work expanded when "the wife came in."
Catherine "ran the financial part of the renovations," and the bills "were sent basically to
Catherine."

And how about Uncle Ted? "The workhorse of the Senate," Sullivan said. "You don't get a title
like that unless you're at the job every moment." Or at least every moment when you're not
throwing your wife under the bus.

Staff writer Del Quentin Wilber contributed to this report.

» THIS STORY: READ + | Comments

Related From Our Partners


Bailing Out of the Bailout
Daniel Gross: Why Congress Is
Congressional leaders assembled
Botching the Bailout
yesterday on the West Front of the Capitol
for the "First Nail Ceremony" to start work How Sarah Palin Could Ace Her Next
on the viewing platform for the Jan. 20th Interview
presidential inauguration. While they had
The Biggest Drawback of the New
the hammer out, they should have nailed a
Google Phone
sign to the Capitol door: "Help Wanted."
I Come to You, Cashmere Hat in Hand . . . What Does It Mean To "Suspend" a Campaign,
Hard Landing for the Golden Parachute Anyway?
Jonathan Safran Foer: How I Write
More on washingtonpost.com
Data More Headlines Stevens's Attorneys Say He Paid
His Bills People who read this also read …
Conservative Columnist Turns on Palin E. J. Dionne Jr. - The Photo McCain Wanted

» Related Topics & Web Content G1: The only phone that makes you smarterer
T-Mobile Android G1 Launch Liveblog: It's Got A
Compass!
Far-Reaching U.S. Plan Impaired N. Korea Deal

Most Viewed Opinion Articles


The Photo McCain Wanted
Drama King to the Rescue
Catharsis, Then Common Sense
The Aw-Shucks Defense

» Top 35 Opinion Articles


» Most Popular on washingtonpost.com

© 2008 The Washington Post Company

NEWS | POLITICS | OPINIONS | LOCAL | SPORTS | ARTS & LIVING | CITY GUIDE JOBS | CARS | REAL ESTATE | RENTALS | SHOPPING

SEARCH: washingtonpost.com Web Search Archives

washingtonpost.com : About Us | Work for Us | Advertisers | Site Map | Search Terms | Topics Index | Make Us Your Home Page | mywashingtonpost.com | Mobile | RSS | Widgets
The Washington Post: Subscribe | Subscriber Services | Advertisers | PostPoints | Electronic Edition | Online Photo Store | The Washington Post Store | About The Post | National Weekly
The Washington Post Company: Information and Other Post Co. Websites

© Copyright 1996-2008 The Washington Post Company | User Agreement and Privacy Policy | Rights and Permissions Help | Contact Us
A Dual Fight for Stevens http://www.washingtonpost.com/wp-dyn/content... 9/20/2008 20:53

A Dual Fight for Stevens


Senator's Trial Begins Monday as He Campaigns to Keep Seat
By Del Quentin Wilber and Paul Kane
Washington Post Staff Writers
Sunday, September 21, 2008; A04

Embattled Sen. Ted Stevens of Alaska goes on trial tomorrow in a historic public corruption case, bucking conventional legal wisdom in the hope of winning acquittal in time to be
reelected to a seventh full term.

The first sitting senator to face a federal trial in more than two decades, Stevens, an 84-year-old Republican icon of both the Senate and his home state, was indicted eight weeks ago
on charges that he failed to disclose lavish gifts he received from executives of an oil services company. If convicted, Stevens could face prison time, his 40-year Senate career
would meet an ignominious end, and Republicans would probably lose a normally reliable Senate seat.

While battling prosecutors in what is expected to be a month-long trial, Stevens also will be running an uphill reelection campaign from the same Washington courthouse -- 3,500
miles from Anchorage. He may have to debate his Democratic opponent well after midnight by teleconference and make arduous red-eye flights to attend weekend campaign events.

It's a risky strategy but perhaps the only one that could result in his reelection, analysts say.

"We have an Alaska Senate race that's about to be decided by 12 residents of the District of Columbia," said Jennifer Duffy, a senior editor of the nonpartisan Cook Political Report.
"If he's acquitted, he goes home, and it becomes more of a victory lap than a campaign."

Prosecutors have said their case is simple. In a 28-page indictment and other court filings, the Justice Department's Public Integrity Section alleges that Stevens repeatedly lied on
Senate financial disclosure forms about gifts and $250,000 in home renovations he received from executives of the now-defunct oil services company Veco.

Prosecutors say Stevens never attempted to pay Bill Allen, Veco's chief executive, for the cost of the renovations or other gifts. Allen pleaded guilty to bribery and conspiracy
charges in a long-running federal investigation of corruption in Alaska's government, and he has provided critical testimony that already has helped convict two Alaska state
legislators.

In hearings and court filings, prosecutors allege that Veco, Allen or friends gave Stevens a Viking grill, a discounted Land Rover, a $29,000 bronze statue of a fish, a $2,700 vibrating
massage chair, a $3,200 stained-glass window and a sled dog -- none of which the senator reported.

Those gifts were in addition to extensive renovations to Stevens's Girdwood, Alaska, home by Veco employees and contractors, who installed a wrap-around deck and raised the
home on stilts to add a new floor, prosecutors allege. They say Stevens interacted with the workers, discussed the project with Allen and suggested improvements to the renovation
plans.

In exchange, the government says, Stevens helped or promised to help Veco on various matters, including prodding officials to build a natural gas pipeline in Alaska and requesting
that the World Bank get involved in a dispute between Veco and Pakistan over delays in a project. At the time, Stevens chaired two of the most powerful committees on Capitol Hill,
the Senate's Appropriations and Commerce panels.

Prosecutors have described those favors as Stevens's motive for lying on the disclosure forms. "He knows someone is going to look at that and say, 'Wait a second, he's getting stuff
from Veco and Allen and he wrote a letter on their behalf,' " prosecutor Joseph Bottini said at a recent hearing.

But prosecutors stopped short of charging Stevens with corruption. By limiting the charges to failing to report gifts, some legal experts said, the prosecution can introduce Stevens's
alleged favors as context and motive, not a required element of the crime.

"The case is devastating in its simplicity," said Victoria Toensing, a former top Justice Department official who is now a criminal defense lawyer.

Stevens's lawyer, Brendan Sullivan, does not speak to the media about ongoing cases and did not respond to an e-mail seeking comment.

Several criminal defense lawyers and former prosecutors said Stevens's defense has several ways to counter the charges. His lawyers are likely to argue that he never tried to hide his
friendship with Allen. The senator is well known for his ability to obtain federal funds for Alaska, and the things he did for Veco benefited other companies and Alaska residents,
the lawyers are expected to tell jurors.

"Stevens's lawyers are going to argue that if the government had a case where prosecutors thought Senator Stevens had done something wrong, they would have charged him with
bribery," said Steven Tabackman, a criminal defense lawyer. "Instead, they will argue that the government is trying to back-door this by saying he didn't put these things in his
disclosure forms."

Tabackman said he would be surprised if defense lawyers didn't try to introduce evidence that aides, not Stevens, filled out the forms.

Some criminal defense lawyers criticized Stevens's rush to trial, saying it is better for defendants to delay as long as possible. Memories are more likely to fade, and witnesses can get
in trouble or even die, they said. But others said the early trial date was a brilliant tactic that put the government in the unexpected position of having to hurry to prepare.

But the senator didn't ask for the early trial date just to pressure prosecutors. He also is fighting for his political life. Even before his indictment, he faced a tough race against
Anchorage Mayor Mark Begich, who is ahead in recent polls.

Stevens is embarking on an unprecedented political effort in the modern era of multimillion-dollar campaigns. From Monday through Friday in the final weeks of his bid, he will be
a continent away from his home base outside Anchorage.

On some weekends his aides will have to weigh the physical toll of putting Stevens on a Friday night flight for about eight hours to the Alaska airport that bears his name, so he can
spend the weekend campaigning before returning on a red-eye flight to appear here at trial on Monday morning.

Begich's campaign, which is hoping for about five debates with Stevens, expects that some will involve the senator appearing via teleconference on weeknights. If local television
hopes to broadcast those debates live in prime time in Alaska, the four-hour time difference would require Stevens to appear near midnight in Washington.

Stevens has yet to agree to any specific debates, and some observers question whether he can afford to do so without reinforcing his legal predicament in voters' minds.

While Begich runs ads about his positions on issues, the Democratic Senatorial Campaign Committee and the Alaska Democratic Party have pounded away at Stevens. A DSCC ad
began airing last week accusing him of steering more than $100 million in earmarked funds to lobbying clients of his son Ben Stevens, a former state senator who has been accused
A Dual Fight for Stevens http://www.washingtonpost.com/wp-dyn/content... 9/20/2008 20:53

in court documents of accepting consulting payments from Veco in exchange for legislative favors.

But the coordinators of the anti-Stevens effort are careful that the past service of a man who helped Alaska enter the union and went on to be named "Alaskan of the Century" is not
dismissed. Rather, the focus is on his most recent years in the Senate. "He's no longer the same person we sent there 40 years ago," said Bethany Lesser, spokeswoman for the state
Democratic Party.

Despite his legal woes, Stevens, who remains a senior member of the Appropriations and Commerce committees, has raised $4 million in campaign funds. National Republicans
appear to be gearing up to defend him. The National Republican Senatorial Committee has paid for staff members to follow Begich to public events with video equipment, usually a
sign of a TV advertising campaign to come.

There is even the prospect of Stevens winning reelection despite a conviction. William Canfield, an ethics lawyer who has advised the senator for more than two decades, said he
might win if he is convicted of only one or two of the seven counts against him. If that were to happen, Stevens could resign, or the Senate ethics committee would have to consider
expelling him.

Post a Comment

View all comments that have been posted about this article.

You must be logged in to leave a comment. Login | Register

Comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual
author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. Please review the full rules governing
commentaries and discussions. You are fully responsible for the content that you post.

© 2008 The Washington Post Company


Contractor, wife blamed in Stevens corruption c... http://news.yahoo.com/s/ap/20080925/ap_on_g... 9/26/2008 00:43

Yahoo! My Yahoo! Mail More Make Y! My Home Page New User? Sign Up Sign In Help

Home U.S. Business World Entertainment Sports Tech Politics Elections Science Health Most Popular

Search: Advanced

Contractor, wife blamed in Stevens corruption case


By MATT APUZZO and TOM HAYS, Associated Press Writers
Thu Sep 25, 6:33 PM ET

WASHINGTON - Sen. Ted Stevens was clueless about the cost and scope of a pricey makeover
of his Alaska cabin that led to federal corruption charges and threatened his lengthy career, his
lawyer said Thursday at the opening of his trial.

Federal prosecutors allege that Stevens ADVERTISEMENT


— one of Congress' most powerful
AP Photo: Sen. Ted Stevens, R-Alaska,
and his daughter Beth Stevens, arrive at Republicans and a patriarch of Alaska
the U.S. Distrit Court... politics for generations — lied on Senate forms about more than $250,000 in home renovations
and gifts from a wealthy oil contractor and close friend, Bill Allen, who expected political favors in
return.

But defense attorney Brendan Sullivan, in making the first public defense of the 84-year-old
Rescuing the senator, shifted blame to Allen and responsibility to Stevens' wife, Catherine.
bailout
Reuters "You cannot report what you don't know," Sullivan said. "You can't fill out a form and say what's been
kept from you by the deviousness of someone like Bill Allen."
Preparations
continue for Sullivan said the senator's wife handled all the project's finances and was the driving force behind
Presidential the renovations. When Stevens had a message for her, he communicated through his Senate
debate staffers.
AP
"They have a saying in their house that when it comes to things in and around the teepee, the wife
» All news video
controls," Sullivan said.
NEWS SEARCH A longtime Senate powerhouse, Stevens has been highly successful in steering billions of federal
"VECO Corp" dollars to his home state. But he now is such a political liability that the Republican vice presidential
nominee, Alaska Gov. Sarah Palin, has not endorsed him in his unusually tight re-election race.
Related Searches:
Alaska Gov. Sarah Palin "Ted Stevens' trial started a couple of days ago," Palin said Thursday. "We'll see where that goes."
Ted Stevens' trial
The Senate's longest-serving Republican sat grim-faced at the defense table in a packed
sweetheart deal
courtroom as prosecutor Brenda Morris dismissed the theory that he was oblivious to what went on
Sen. Ted Stevens around him.

Morris portrayed Stevens as a crafty politician whose decades in office schooled him in the art of
cultivating cronies and concealing gifts and favors.

"You do not survive politics in this town for that long without being very, very smart, very, very
deliberate, very forceful and, at the same time, knowing how to fly under the radar," Morris said in
her opening statement.

At the heart of the case is a complicated 2000 home remodeling project in which Stevens' small
chalet in the woods outside Anchorage was jacked up on stilts and a new first-floor was built. Rather
than hiring a home contractor, Stevens relied on Allen, the chairman of oil services firm VECO
Corp., to manage the project, hire the carpenters and review the bills.

Prosecutors say Stevens never paid Allen or VECO employees for their services, part of a long
McClatchy Newspapers: White pattern of freebies he is accused of concealing. Allen gave Stevens a gas grill, a generator, an
House meeting ends in disarray
elaborate rope lighting system and a sweetheart deal on a car.
over bailout package

Politico: Times puzzle is clueless "We reach for the yellow pages, he reached for VECO," Morris said, "and the defendant never paid
about McCain a dime."

ABC News: Bailout Talks Go On Sullivan countered that Stevens' wife promptly paid every bill received — $160,00 in all — for the
Amid Presidential Scuffle home project that was to make room for visits by his 11 grandchildren. He described Allen regularly
going overboard with his giving, and at one point pressuring a local contractor to "eat" a $19,000 bill
rather than send it to Stevens.

A potential witness in the case, Catherine Stevens was not in court Thursday.

Just as Stevens relied on Allen for favors, prosecutors say Allen tapped the senator for help
winning government grants and navigating Washington's bureaucracy. Citing Stevens' reputation for
steering money and business to Alaska, Sullivan embraced the suggestion.

"If you hear evidence that he assisted Bill Allen or VECO in any way so those 4,000 employees
could continue to work, they're right," Sullivan said. "There's absolutely nothing wrong with it. He's
proud of it. Bring it on."

As for the grill, rope lighting and other unreported gifts including a sled dog, Sullivan said Stevens
"didn't want these things, he didn't need these things and he didn't ask for these things."

The lawyer also cited e-mails he claimed would show that the senator had no intent to deceive the
public. One to Allen read in part: "Thanks for the work. You owe me a bill."

The trial's first witness, a VECO project manager who met with Stevens about the home project and
prepared the plans, testified that he received a note from the senator saying, "Under Senate rules, I
must pay you for what you've done."
Contractor, wife blamed in Stevens corruption c... http://news.yahoo.com/s/ap/20080925/ap_on_g... 9/26/2008 00:43

The manager testified that he instructed Stevens to pay VECO. But prosecutors say the senator
never covered the $3,000 job.

Another VECO worker testified that he was dispatched by Allen to the Stevens cabin to shovel
snow and install a $6,000 backup generator while the senator was away. On cross-examination, he
said his boss was "very generous" with many people.

Allen has pleaded guilty to bribing Alaska lawmakers and is the government's star witness against
Stevens. He is expected to testify soon but was not due to take the stand Friday.

___

On the Web:

Justice Department documents: http://www.usdoj.gov/criminal/us-v-stevens/

Email Story IM Story

RECOMMEND THIS STORY


Recommend It: Average (520 votes)
» Recommended Stories

YAHOO! FINANCE
Save Money
See 7 counter-intuitive Politics News Most Viewed - Politics
ways to save money
on Yahoo! Finance. Dems, some in GOP question McCain's Palin defends Alaska-Russia foreign policy
intervention AP remark AP
Palin defends Alaska-Russia foreign policy Dems, some in GOP question McCain's
ADVERTISEMENT
remark AP intervention AP
Palin to return donations from tainted GOP conservatives present rescue alternative
politicians AP AP
Add headlines to your
personalized My Yahoo! page Obama says more work needed for deal AP McCain-Obama debate prospects uncertain AP
(About My Yahoo! and RSS)
McCain takes biggest risk yet Politico Study: Omitting cell phone users may affect
Politics - U.S. Congress polls AP

» More news feeds


Politics Video
NEWS ALERTS Reuters - Thu Sep 25, 7:13 PM Palin takes questions after Ground Zero tour
Get an alert when there are
new stories about: Preparations continue for Presidential debate Can Congress Stop Financial Bleeding? ABC

VECO Corp

Alaska Gov. Sarah Palin

Ted Stevens' trial

sweetheart deal

Search:
Sen. Ted Stevens Advanced

Home U.S Business World Entertainment Sports Tech Politics Science Health Travel Most Popular Odd News Opinion
» More alerts
Copyright © 2008 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten or
redistributed without the prior written authority of The Associated Press.
Copyright © 2008 Yahoo All rights reserved.Copyright/IP Policy |Terms of Service |Help |Feedback
NOTICE: We collect personal information on this site. To learn more about how we use your information, see our» Privacy Policy
Stevens mistrial bid fails, judge angry: Top Stori... http://www.adn.com/front/story/541189.html 9/30/2008 05:19

register | create a profile | log in | e-mail news | help ALASKA'S NEWSPAPER alaska.com

Bear sightings
Anchorage Daily News Get your sightings in while
you can, the season's
40° 48° | 32°
almost over. forecast | statewide
Subscribe | manage subscription | E-Edition submit photo | forum Daylight : 8:05 AM - 7:34 PM

adn.com Web search powered by YAHOO! SEARCH find » Last Update: 1:05 AM

News Sports Outdoors Features Money Entertainment Opinion Blogs Multimedia


Classifieds
Home | Alaska Newsreader | Obituaries | Archives TV Listings | Movies | Music | Restaurants | Submit Event Deals Jobs Homes Cars Rentals

Stevens mistrial bid fails,


judge angry
DEFENSE COMPLAINS: Prosecution is scolded for
releasing witness.
By ERIKA BOLSTAD and RICHARD MAUER
Anchorage Daily News
Published: September 29th, 2008 11:32 PM
Last Modified: September 29th, 2008 11:42 PM

WASHINGTON -- Prosecutors on Monday drew ire from the


federal judge hearing the corruption case against Sen. Ted enlarge
Stevens for sending home to Alaska a potential witness who has J. SCOTT APPLEWHITE / The Associated Press
figured prominently in other people's testimony but so far has Sen. Ted Stevens, accompanied by his daughter,
not testified himself. Beth, arrives at federal court in Washington Sept.
29, 2008, for his trial on corruption charges.

Stevens' lawyers asked for a mistrial Document exhibits


Story tools
and accused prosecutors of failing to Letters, legal documents, etc. submitted as
Comments (0)
tell them everything they knew evidence.
Recommend (0)
about Robert "Rocky" Williams, once
E-mail a friend
Print
an employee of former Veco chief
Digg this executive Bill Allen and the man who
Seed Newsvine oversaw renovations to Stevens' Related Links
Send link via AIM Girdwood home in 2000. Photos: Historical photos of Sen. Ted
Stevens
Scolding prosecutors from his bench, Photos: Sen. Ted Stevens gallery
Yahoo! Buzz
U.S. District Judge Emmet Sullivan Complete Alaska election coverage
Font size : A | A | A said there was no basis for a mistrial,
Alaska Politics blog: More ex-Veco
but he said he was "flabbergasted" employees set to testify today
that they had sent Williams home without alerting him or
The Ted Stevens investigation
defense attorneys that Williams was no longer scheduled to
Photos: Exhibits submitted as evidence
testify.

More Top stories »


The contentious issue weaved through Stevens' trial all day,
boiling up at every recess just before the jury entered the Stevens mistrial bid fails, judge angry
courtroom or just after it left. By the end of the day it was Bush costs prompt exodus to cities
unclear how serious the row would be to the outcome of the Congress listens to voters on financial
case. rescue
Troopergate suit heads to court
Stevens, 84, faces seven felony counts of failing to report on his
With new lungs, cystic fibrosis sufferer
U.S. Senate disclosure forms more than $250,000 worth of gifts looks forward to hikes
and home renovations, chiefly from Veco and Allen. The Alaska
Republican, who is up for re-election Nov. 4, asked for a speedy
trial so he'd have the opportunity to clear his name before then.

Prosecutors explained sending Williams home to the judge and the defense in hushed tones in a
morning conference at the bench. No information was made public aside from a reference in the
defense motion that Williams suffered from a serious cough and had health issues.

Whatever it was, the judge was openly skeptical, suggesting the government might have decided
that Williams, who has been voluntarily cooperating with the FBI for more than a year, might not
help its case.

"I find it very, very disturbing that this has happened, and concerned about the appearance of
propriety, or impropriety," Sullivan said. He stopped short of accusing prosecutors of misconduct or
a lapse in ethics, but threatened sanctions.

"After all, this is the search for the truth and people ought not to forget about that," said Sullivan,
who asked lawyers to give him a sworn declaration of what had happened under penalty of perjury.
"This is a serious one; we're all officers of the court."

WILLIAMS' WORK

Despite all the talk and court filings, Williams appeared to be able to contradict only one piece of
evidence presented so far.

On Friday, Veco accounts manager Cheryl Boomershine submitted a report that the 2000-2001
renovations amounted to a $188,929 gift by Veco to Stevens. Among her backup documents
submitted for jury consideration were timecards from Williams showing he worked as much as 60
or 70 hours a week. She applied all those hours when calculating Veco's cost on the house.

When the government sent Williams home, they told him to call the defense after he arrived. He
did just that on Friday, lawyers for both sides told the judge. The call led to his first interview by the
Judge Considers Mistrial in Stevens Case - Was... http://voices.washingtonpost.com/washingtonpos... 10/2/2008 17:37

» About This Blog | Meet the Investigative Team | Subscribe

SPECIAL REPORT TOP PICKS HAVE A TIP?


Who Killed Chandra? This Week's Picks Talk to Us
A year-long Our editors comb the Web If you have solid tips, news
investigation each week in search of or documents on potential
reveals that critical notable in-depth and ethical violations or abuses
leads in the investigative reports from of power, we want to know.
search for news outlets across the nation. Send us your suggestions.
Chandra Levy's • Daily Read | Annual Top 10 • E-mail Us
case were ignored.
• Full Report

CATEGORIES
Judge Considers Mistrial in Stevens Case
POSTED: 04:56 PM ET, 10/ 2/2008 by Derek Kravitz
Post Investigations TAGS: Ted Stevens, congress, corruption trial
In-depth investigative news
and multimedia from The
A federal judge is deciding whether he should throw out corruption
Washington Post.
• Full Projects Archive charges against Alaska Sen. Ted Stevens after the Republican
lawmaker's attorneys accused government prosecutors of hiding FBI
Reporters' Notebook
An insider's guide to reports favorable to Stevens.
investigative news: reporters
offer insights on their stories. U.S. District Court Judge Emmet G. Sullivan suspended the
two-week-long trial for the day after Stevens's lead attorney, Brendan
Top Picks
V. Sullivan Jr., accused prosecutors of hiding an FBI report that
A weekly review of the best
in-depth and investigative appeared to show Stevens did not willingly approve $250,000 in
reports from across the remodeling on his home near Anchorage.
nation.
Stevens, 84, is fighting for his political life in a corruption trial over
The Daily Read
A daily look at investigative
potentially improper gifts and home renovations he received from his
news of note across the longtime friend, former Veco Corp. oil executive Bill Allen.
Web.
At one point, the judge said Stevens "would not be getting a fair trial if it
D.C. Region were up to the government," The Post's Del Quentin Wilber and Carol
Post coverage of investigative
news in Maryland, Virginia D. Leonnig report.
and the District.
Erika Bolstad and Richard Mauer, writing for the Anchorage Daily
Washington Watchdogs News, described a heated exchange between Stevens's attorney,
A periodic look into official
government investigations.
Sullivan, and the government's chief prosecutor, Brenda Morris. From
their article:
Help! What Is RSS?
Find out how to follow Post "This can't be undone," Sullivan thundered, speaking
Investigations in your favorite
RSS reader. directly up to the judge from a podium less than 10 feet
away. Then, clutching his chest, he said, "My heart's
HOT COMMENTS beating twice as fast as it should be for a 66-year-old
man. This can't happen in court."
We can spend a
trillion dollars on a As he accused the prosecution of misconduct, the chief
useless war, prosecutor, Brenda Morris, leaped to her feet and got
another trillion dollars on within inches of Stevens' lawyer, her voiced raised as well.
bailing out rich stupid people,
but "God forbid" we are "He called me out," she told the judge as he tried to calm
spending too much money on
the situation.
health care. We are. The rest
of the G7 has universal health
Walking back to the defense table, Sullivan said, "I called
care, we are the only
first-world country that does her up, not out."
not. We spend more and
have the worst outcomes. The Morris admitted she violated the judge's orders in not
system is broken. To just turning over the document, but not Stevens' rights. She
tighten reimbursement is said the defense was told Allen had said that very thing in
putting lipstick on a pig.
— Posted by Russ, a letter on Sept. 9.
Medicare to Slash
Payments...

By Derek Kravitz | October 2, 2008; 4:56 PM ET


RECENT POSTS
Previous: Bridge to Somewhere: FDA Uses Alaska Corp. in Questioned
Bridge to Somewhere:
Contract |
FDA Uses Alaska Corp. in
Questioned Contract
Bailout, FDA Skirts Rules,
Fed Mum on Bear Stearns Comments Please email us to report offensive comments.
Deal
Engineer Was Texting
Seconds Before Crash Post a Comment
Mail Carriers Would
Deliver Anthrax Drugs
Stevens Friend Calls
We encourage users to analyze, comment on and even challenge
Thank-You Note a Ruse washingtonpost.com's articles, blogs, reviews and multimedia features.

BOB WOODWARD User reviews and comments that include profanity or personal attacks or
The Washington other inappropriate comments or material will be removed from the site.
Post's permanent Additionally, entries that are unsigned or contain "signatures" by someone
investigative unit
The Am Law Litigation Daily: October 3, 2008 http://amlawdaily.typepad.com/amlawdaily/200... 10/3/2008 12:15

FEATURED SPONSORS
• Martindale
Lawyer Locator
• Counsel Financial Services
• Fios, Inc.
• PCLaw

LAW.COM NETWORK
Sites
Jobs
Verdicts
LawCatalog
Experts
Online CLE
ALM Research
Events
Resources
Law Firm Papers
Court Reporters
Legal Dictionary
Legal Blogs

The Work
October 3, 2008 9:30 AM

The Am Law Litigation Daily: October 3, 2008

Posted by Dimitra Kessenides

Edited by Andrew Longstreth

Litigator of the Week: David Harvin of Vinson & Elkins


If you were reading Dealbook's early coverage of the Delaware Chancery Court showdown between Hexion Specialty Chemicals and Huntsman, you might have concluded--as we
confess we did--that Huntsman's lawyers from Vinson & Elkins were being schooled by Hexion's high-powered Wachtell, Lipton, Rosen & Katz team. The case, as you'll recall, was
about Hexion's attempt to get out of the multibillion deal it signed with Huntsman back in July 2007, before the credit markets froze up. In the first days of the trial, the New York
Times's Deal Professor wrote that he had been "underwhelmed" by the performance of V&E senior statesman Harry Reasoner. And when Vinson & Elkins partner David Harvin
concluded his cross-examination of Hexion CEO Craig Morrison, the Deal Professor (aka Steven Davidoff, a professor at the University of Connecticut School of Law) wrote that,
on the whole, the Hexion CEO "got the better" of Harvin.

Ahem. You know that old saying about he who laughs last?

As we all know, trials are not decided by bloggers. And in fairness to the Deal Professor, he eventually predicted that Huntsman would win the case. On that point, he was absolutely
right: Vice Chancellor Stephen Lamb ruled on Monday that Hexion must fulfill its obligations to V&E's client. Lamb's 89-page opinion was pretty much all that V&E and Huntsman
could have hoped for. He concluded that Hexion had knowingly and intentionally violated the terms of the merger agreement, exposing Hexion to potential damages far in excess of
the deal's $325 million breakup fee if the merger doesn't go through. We should note that Lamb cited the very testimony that Dealbook originally dismissed: Harvin's cross-
examination of Hexion CEO Morrison.

And so we've chose Harvin, who was Huntsman's lead trial lawyer, as our Litigator of the Week. When we spoke to the 63-year-old Houstonian yesterday, he was quick to heap
praise on his team, including Reasoner, James Reeder, John Taurman, and Michael Holmes. Harvin told us that he thought Vice Chancellor Lamb was most impressed by
Huntsman's evidence that Hexion and its investors at Apollo had schemed to create a situation that would keep the deal from closing. In particular, Harvin said, Lamb seemed to be
swayed by Hexion's engagement of Duff & Phelps to provide it with an opinion that declared the combined company would be insolvent. Lamb found the opinion letter "unduly
pessimistic," Harvin told us.

Harvin was a true Texas gentleman when we asked him about Dealbook's critiques of his team, offering a polite demurral. We did our own two-step and asked him if at any time
during the six-day trial or the two-week wait for Lamb's ruling he thought things weren't going Huntman's way.

"Every trial has its ups and its downs," Harvin said. "But on balance I thought frankly we had more ups than downs."

WHITE-COLLAR
Stevens's Trial Judge Blasts Prosecutors, But Does Not Declare Mistrial
The government's public corruption prosecution of Alaska Senator Ted Stevens teetered on the brink of disaster yesterday after the federal judge overseeing the case harshly
criticized prosecutors for failing to turn over critical evidence to the defense until Wednesday night. Washington, D.C., federal district court judge Emmet Sullivan went so far as to
suspend the trial yesterday morning as he pondered whether to grant a motion by Stevens's Williams & Connolly lawyers to either dismiss the case or declare a mistrial.

Yesterday evening, Judge Sullivan denied both requests. But not before lambasting the prosecutors and questioning their integrity. "It's difficult for the court to believe the
government overlooked this exculpatory information," he said, according to Legal Times's account of the late-afternoon hearing. "I find it unbelievable that this was just an error."

The document that prosecutors failed to turn over was an unredacted FBI report of an interview with key government witness Bill Allen, whose company renovated the senator's
home without receiving payment for its work. The unredacted version of the report says that Allen believed Stevens would have paid for the improvements if he had received a bill.

Williams & Connolly partner Brendan Sullivan will be able to make full use of the report when he cross-examines Allen, which will likely be on Monday when the trial is scheduled
to resume.

W&C's Sullivan, who is famous for his deadpan style, was, by most accounts, uncharacteristically theatrical yesterday. The New York Times reported that he began the day by
throwing down papers and declaring that he had never seen such incompetence from the government in his 40 years of practice. According to the Anchorage Daily News, he said:
"My heart's beating twice as fast as it should be for a 66-year-old man." The Williams & Connolly partner also had a run-in with the government's lead prosector, Brenda Morris.
The Am Law Litigation Daily: October 3, 2008 http://amlawdaily.typepad.com/amlawdaily/200... 10/3/2008 12:15

After Sullivan repeated his line about 40 years of experience, Morris reportedly got up from her seat and and came within inches of him.

"He called me out," she told the judge.

Sullivan, walking back to the defense table, said, "I called her up, not out."

CONSUMER
Wiley Rein Wins Dismissal of Class Action Against Verizon
At the Litigation Daily, we're routinely annoyed with our phone bill's many obscure itemized costs, so we're somewhat sympathetic to plaintiffs who filed a class action against
Verizon Wireless. In that case, filed in New Jersey federal district court, the plaintiffs alleged that Verizon had deceived them about their bills. They claimed that Verizon made it
seem as though one administrative fee that showed up on its bills was a government-imposed surcharge when, in fact, the fee was used to defray Verizon's own costs.

But earlier this week, Judge Freda Wolfson granted Verizon's motion to compel arbitration and dismissed the case. The plaintiffs had argued that the arbitration provisions in
Verizon's customer agreements were unconscionable under New Jersey law. Judge Wolfson disagreed, holding that the Federal Arbitration Act, which requires enforcement of the
arbitration clause, preempted New Jersey state law.

Wiley Rein partner Andrew McBride called Wolfson's decision a "landmark ruling." He said that the Ninth Circuit came out on the opposite side of Judge Wolfson on the same issue,
which makes the Federal Arbitration Act and preemption of state law a potentially attractive issue for the Supreme Court. (McBride should know; he's a former clerk for Justice
Sandra Day O'Connor.) McBride also told us that if Judge Wolfson's ruling is upheld by the Third Circuit, it will spell trouble for the plaintiffs bar.

"Individual arbitration is like kryptonite for plaintiffs lawyers," he said.

William Weinstein of Sanford Wittels & Heisler, who represents the plaintiffs, told us he filed a notice of appeal yesterday. "We thought that we had given the judge sufficient
reasons why the class waiver should not have been enforced in this case and why the enforcement of the class waiver would not run afoul of the Federal Arbitration Act," he said.

IP
EMI Gets Split Ruling From New York Judge in MP3tunes Copyright Case
Has there ever been a better time to be an IP entertainment lawyer? We told you earlier this week about the Hollywood studios filing a copyright suit against RealNetworks to block
its new DVD software, but that's just one example of technology that threatens the entertainment biz ending up as the subject of litigation. Today we have news from another such
case, in which 14 record labels and publishers affiliated with EMI filed a copyright suit against MP3tunes and its CEO, Michael Robertson, for allegedly enabling its users to listen to
infringing music. In a decision issued this week, Manhattan federal district court judge William Pauley III dismissed the claims against Robertson on procedural grounds--but
permitted the case against the company to proceed.

MP3tunes, located in San Diego, operates two websites: mp3tunes.com and sideload.com. According to Judge Pauley's opinion, "Plaintiffs allege that MP3tunes [enables] users to
listen to infringing music through sideload.com, to make copies of infringing music to store in a 'locker,' and to download copies to multiple locations and to multiple individuals."

Judge Pauley didn't make any determinations about the validity of the claims of the record labels, which are represented by Jenner & Block. He dismissed their claims against
Robertson on personal jurisdiction grounds but denied MP3tunes's motion to dismiss. Both Robertson and his company are represented by Duane Morris partner Gregory Gulia.

Robertson issued a fiery statement following the ruling: "Suing CEOs personally is a nasty tactic media companies are engaging in to intimidate individuals, forcing them to either
enter into a settlement or face the possibility of losing their homes, cars, and all their personal belongings," he said. "I chose to fight instead of run, because I believe consumers
should be able to listen to their music everywhere. We look forward to explaining what we do, and we do it in a responsible and legal manner." Well, okay. We look forward to the
explanation, too.

Duane Morris's Gulia did not immediately return a call for comment. Neither did plaintiffs counsel Andrew Bart of Jenner & Block.

PRO BONO
U.S. Concedes Bingham Clients Not Enemy Combatants
Bingham McCutchen is putting together an impressive run in cases against the Bush administration on behalf of Chinese Muslims held as prisoners at Guantanamo Bay. In June it
won a ruling from the U.S. Court of Appeals for the D.C. Circuit that its client Huzaifa Parhat, an ethnic Uighur, had been improperly designated as an enemy combatant. In August,
a Washington, D.C., federal district court judge ruled that four additional Uighurs were also not enemy combatants. This week the firm won its biggest Guantanamo victory yet. The
Am Law Daily reports that on Tuesday, in anticipation of an October 7 hearing on the status of all 17 Uighurs still held at Guantanamo, the government has conceded that none of
the Uighurs is considered an enemy combatant.

At next week's hearing, Bingham's P. Sabin Willett now intends to argue that the Uighurs should be paroled in the U.S. while they await the outcome of their habeas cases. "Given
[that] these men have never been charged with any crime, and they are not enemy combatants, there is simply no reason for their continued confinement," Willett told The Am Law
Daily's David Bario.

Willett also said that by last night the government had transferred six Uighurs from solitary confinement to a lower-security facility after Bingham lawyers complained that the
solitary conditions created "a regimen of psychological cruelty."

"We're obviously gratified that they're out today," he said. Working with Willett on the cases have been partners Neil McGaraghan and Susan Baker Manning, of counsel Rheba
Rutkowski, and associates Francesca Miceli, Jason Pinney, Sam Rowley, and Catherine Murphy.

Make a comment

Comments (0)
Save & Share: Facebook | Del.ic.ious | Digg It | Email |

Comments

Report offensive comments to The Am Law Daily.

Post a comment

If you have a TypeKey or TypePad account, please Sign In

Name:

Email Address:(Not displayed with comment.)


FOXNews.com - Reporter's Notebook: Jury Hea... http://www.foxnews.com/story/0,2933,428242,... 10/2/2008 15:43

UREPORT
We Report. Send us your video,
You Decide. SEARCH photos and news

HOME U.S. WORLD POLITICS BUSINESS HEALTH SCITECH ENTERTAINMENT VIDEO OPINION UREPORT SPORTS
WEATHER
RADIO MOBILE FOX & Friends Live Desk Studio B Your World Special Report FOX Report O'Reilly Factor Hannity & Colmes On the Record FNC iMag FOX Fan

Politics
TOP VIDEO
FOXNEWS.COM HOME > POLITICS
Sweetened Deal
POLITICS HOME
Reporter's Notebook: Jury Hears Opening Statements New rescue bill gives tax breaks to
arrow makers, racing tracks
FOX POLLS
in Corruption Trial of Senator Ted Stevens
AMERICA'S
ELECTION HQ Thursday, September 25, 2008

EYE ON THE By Ian McCaleb POLITICS


ISSUES Hal Bruno gives Palin, Biden advice
Maxine Waters on why Wall Street failed
SPECIAL REPORT E-Mail Respond Print Helping the homeless vote
Hollywood stars encourage voting
FOX NEWS
Share:
SUNDAY
ADVERTISEMENT
EXECUTIVE
FOX News' Ian McCaleb was on hand Thursday for opening statements in the corruption trial of
BRANCH
Alaska Sen. Ted Stevens.
U.S. SENATE
WASHINGTON — Alaska Republican Sen. Ted Stevens stands accused of seven counts of false
HOUSE OF statements in an alleged "conspiracy" to cover up hundreds of thousands of dollars in gifts and REPUBLICAN PRESIDENTIAL NOMINATION
REPRESENTATIVES services received from the Alaska-based oil services firm VECO from 1999 through 2006. RCP AVERAGE: MCCAIN +30.4%

SUPREME COURT The jury of 12, with 4 alternates, was seated at 9:25 a.m., and was read a list of specific instructions McCain 56.7%
by Federal Judge Emmet Sullivan. The instructions phase lasted some 30 minutes, and government Huckabee 26.3%
STATE & LOCAL prosecutor Brenda K. Morris launched into her opening remarks, which she ripped through in forceful,
GOVERNMENT Paul 6.5%
street-wise tones, finishing 30 minutes short of her allotted time.
POLL DETAILS >
U.S. MILITARY
Morris told the D.C.-based jury that this case is "simple," in that Senator Stevens is a "public official
DEMOCRATIC PRESIDENTIAL NOMINATION
NEWS ARCHIVE who took hundreds of thousands of dollars in financial benefits, and took away the people's right to RCP AVERAGE: OBAMA +12.2%
know this information."
HOT TOPICS Obama 52.8%
FOX NEWS "He did these things so the free financial benefits he received wouldn't stop, and the public wouldn't
ELECTION Clinton 40.6%
have to know," Morris said.
COVERAGE POLL DETAILS >
CELEBRITY Stevens is a "career politician," she said. "You don't survive in this town without being very smart,
GOSSIP PRESIDENT BUSH JOB APPROVAL
very deliberate, very forceful, and without knowing how to fly under the radar." RCP AVERAGE: SPREAD -35.4%
FOX MOVIETONE
NEWS
"He knows how to get things done without saying much," Morris added. Approve 30.4%
SECTION MAP Disapprove 65.8%
Continuing, she said Stevens "personally signed" his yearly Senate financial disclosure forms, and
in doing so, "he decided to violate the law." POLL DETAILS >
CONGRESSIONAL JOB APPROVAL
Stevens, she said, has had to fill those forms out every year for at least 30 years, and knows what RCP AVERAGE: SPREAD -56.0%
Send news tip to they entail.
FOXNews.com Approve 17.8%
The bulk of the government's case focuses on the alleged "near-doubling" of the size of Stevens'
Disapprove 73.8%
Girdwood, Ark., residence, which was once a small A-frame ski chalet but following two rounds of
extensive renovations is now much larger. POLL DETAILS >

The government contends that Stevens did not pay $188,000 for the work done by VECO
construction workers, though work on the home that had been subcontracted to a local construction MOST READ • TOP EMAILED • TOP VIDEOS •
SUBMIT
company was paid by the senator and his wife, Catherine.
Sheriff: Wrecked Plane Found in California Mountains Is
"The cost is always good when the price is free," Morris said of that allegedly unpaid $188,000. "He Steve Fossett's
'World's Fattest Man' to Marry After Massive Diet
was obligated to disclose it. Instead, he chose not to."
Shelter Cuts Sandra Bernhard for Saying Palin Would
Be Gang-Raped in N.Y.
"VECO spent thousands of [labor] hours on this project," Morris said. "There was no accident or
Fact Check: Biden's Chopper Was 'Forced Down' by
accounting error here," she added. "The defendant was meticulous with his money." Snowflakes
Teacher of Students Killed in School Collapse Commits
Morris also pledged to look further at other items of value Stevens is accused of receiving, including: Suicide
Honda Unveils New Hybrid at Paris Motor Show
• A $2700 massage chair that was shipped to his Washington, D.C., home

• A $6000 generator for the Girdwood chalet

• A $20,000 worth of decorative rope lighting at the chalet ADVERTISEMENT

• A champion bloodline Huskey puppy

• Several pieces of furniture ONLY ON FOX


Supreme Court Scorecard
• A tool chest w/tools A summary of the high court's decisions
on 70 cases presented during the
• A Viking gas grill 2007-2008 term

• A stained glass window for the chalet

• A "sweetheart deal" where he traded a beat-up 1964 Mustang for a new Land Rover Discovery, 2008 Primary Schedule
valued at $44,000. The Land Rover was for his daughter, who had just gotten her license. Stevens A handy list of who voted when
threw in an extra $5000 with the Mustang, but the government contends the car was still worth many
thousands less than the Land Rover.

"The single, simple issue of this case," Morris concluded, "is knowledge. What did the defendant
know." Leaving Congress: The Changing
Face of the 110th
Lead Defense Attorney Brendan Sullivan, a soft-spoken man who has a reputation for viciousness Click here to see the updated list of
when he is in the courtroom, chose a measured tact today that subtly focused on Stevens' wife lawmakers not returning to their seats
Catherine and former VECO CEO and Stevens' friend, Bill Allen. Those two, intentionally or not, after the 2008 elections
appear to be the source of the trouble here, Sullivan told the jury.

"He had no intent to violate the law," Sullivan said of Sen. Stevens. "He had no intent to conceal
anything."

Catherine Stevens, Sullivan said, was in charge of the financing of the renovation, and made design
recommendations that upped the cost. Stevens had arranged for a mortgage on the chalet to cover the
construction costs, but that mortgage only amounted to some $100,000. All bills from the previously
mentioned local construction contractor were paid, Sullivan asserted, save for the last one (amounting
FOXNews.com - Reporter's Notebook: Jury Hea... http://www.foxnews.com/story/0,2933,428242,... 10/2/2008 15:43

to $19,000), which VECO told the contractor to "eat."

"We have to look, somewhat uncomfortably, at the relationship between Stevens and Catherine,
because it is at the heart of what happened here," Sullivan cryptically told the members of the jury.
"Catherine was the one who decided what should be done."

In addition, Sullivan said, VECO never billed Stevens for the $188,000 additional, choosing instead to
absorb that figure into its own books. Stevens, he said, could not pay what he did not know he owed.
The money he did pay out of his mortgage looked, on the surface, to be sufficient to cover the costs of
the job, Sullivan said

And, he said, Stevens could not possibly have been fully apprised of what was going on the with the
renovation, because he lived in Washington.

"It is hard to do things so far away from the renovation site," he said. "There was no [formal] contract."

Bill Allen's intent, Sullivan said, will have to be looked at in-depth, because Stevens asked for bills
several times, but never received any from VECO.

As for the other items of value, Sullivan claims Stevens did not want or was not interested in nor did he
ask for the $2700 massage chair, the $20,000 worth of decorative rope lighting at the chalet, the
furniture, the tool chest or the Viking gas grill, an item his wife reportedly feared would blow up the
house.

Sullivan also said that the champion Huskey puppy's value was based on his own purchase of the dogs
sibling, that he was unaware of the stained-glass window provided for the chalet and that the trade of
the Mustang car for the new Land Rover was an "even deal."

PEOPLE WHO READ THIS...


Also read these stories:

Indiana Father Kills Sex Offender Who Broke Into Home


Murdered New York Couple Leaves Bitter Will
Arrest in Girl Scout's 33-Year-Old Murder Jolts City
Texas Man Kills Home Intruder With His Own Gun
Mystery of 'Clark Rockefeller,' Accused of Kidnapping Daughter, May Be Solved

See Next Story in Politics


E-Mail Respond Print

Share:

Politics Section AP WIRES


Top News Story Featured Content
Lawmakers ask judge to block Troopergate probe
Extraordinary Coverage FOX Polls Obama says McCain out of touch on jobs
Keep track of all the latest news America's Election HQ Mason-Dixon poll: Close race in Va.
from the campaign trail with our Eye on the Issues Some House 'no' votes turning to 'yes' on bailout
special election section. Special Report Evidence dispute puts senators' trial in jeopardy
See More Secretary of State Rice heads to India
Sweeteners entice lawmakers back to bailout plan
Palin facing voters who doubt her readiness
FDA: No quick decision on cold medicines for kids
Today on the presidential campaign trail
News Archive
MARKETPLACE

AUTOS
MORTGAGES

Find a Car Find a Mortgage Get Voicemail Free Credit Score Fox News Shop

Celebrity News Try Vonage

News Alerts RSS Feeds Podcasts Make FOXNews.com Your Home Page Careers
SEARCH

Home U.S. World Politics FOX News Polls Business Health SciTech Entertainment Video Opinion uReport Sports Weather
Radio Mobile FOX & Friends Live Desk Studio B Your World Special Report FOX Report O'Reilly Factor Hannity & Colmes On the Record RedEye
FNC iMag FOX Fan News Archive FOX Around The World Contact US Upgrade Central FAQs Fox News Video Archive

Advertise on FOXNews.com, FOX News Channel , and FOX News Radio Jobs at FOX News Channel. Internships At Fox News (Deadline for summer applications: Feb. 29, 2008)
CQ Politics - Print Page http://www.cqpolitics.com/frame-templates/prin... 10/2/2008 10:47

Close Sponsored by:

CQ TODAY ONLINE NEWS


Oct. 2, 2008 – 9:33 a.m.

Jury to Hear Sen. Stevens, in His Own Words


By Kathleen Hunter, CQ Staff

Prosecutors plan to play audiotapes for jurors Thursday of conversations between Sen. Ted Stevens and the executive who
dramatically upgraded the senator’s Alaska home.

The three recordings are expected to be the highlight of the remaining part of the prosecution’s direct examination of former
VECO Corp. CEO Bill Allen, the star witness in the federal case against Stevens, the Senate’s longest-serving Republican.

Prosecutors want to play segments of the tapes — about 16 minutes in total — rather than full conversations, but the defense is
asking U.S. District Court Judge Emmet G. Sullivan to require that the tapes are played in their entirety.

“What they want to do is to cut it right off at the point they want to emphasize,” said defense attorney Robert Cary, arguing that
the uncut tapes would take up only about 30 minutes of court time and tell a different story than the redacted versions.

Once prosecutors finish their direct examination, Stevens’ lawyers are expected to spend several hours cross-examining Allen in
an attempt to poke holes in his account of events.

Stevens is accused of concealing more than $250,000 worth of gifts, much of it in the form of a full-story addition to his Girdwood,
Alaska home.

CQ © 2007 All Rights Reserved | Congressional Quarterly Inc. 1255 22nd Street N.W. Washington, D.C. 20037 | 202-419-8500
ABC News: Judge Mulling Mistrial Request in ... http://www.abcnews.go.com/TheLaw/story?id... 10/2/2008 13:42

Good Morning America | World News | 20/20 | Primetime | Nightline | This Week | ABC News Now | i-Caught

Thursday, October 02, 2008


Register | Sign In

Home | World | U.S. | Investigative | Politics | Polls | Money | Health | Entertainment | ESPN Sports | SciTech | Law | Travel | On
C

Home > The Law Watch Video

Judge Mulling Mistrial Request in Stevens


Case
Defense Makes Second Claim This Week That Prosecutors Withheld Evidence
WATCH: Teen WATCH: Sex WATCH: Cow
Girls Forced Into Scandal Teacher Woman Is a
By JASON RYAN and THERESA COOK Prostitution Talks Traffic Terror
Oct. 2, 2008 Post a Comment

Defense attorneys have demanded a mistrial in the government corruption FONT SIZE
case against Alaska Republican Sen. Ted Stevens, claiming that federal
EMAIL
prosecutors withheld information about their star witness in the case against The Law News
PRINT
the lawmaker.
SHARE
Stevens' attorneys
made the request after
they learned that Justice Department
prosecutors had failed to provide them
with FBI interview paperwork on Bill Allen,
Battered Wife's Life: Kill and Be Killed
the government's key witness.
12-Yr-Old Targeted for 'Termination'
"This is a gross error," lead prosecutor Teacher 'Addicted' to Student Relationship
Brenda Morris admitted in court. "We are WATCH: Sex Scandal Teacher Talks
Court Won't Reconsider Child Rape Case
all human. … We are all career
prosecutors."

Stevens' defense team claims key details Slideshows


from Allen's interview were redacted in the
Sen. Ted Stevens, R-Alaska, arrives at the U.S. District Court paperwork the prosecutors handed over to
in Washington Thursday Oct. 2, 2008. the defense, but Morris said the defense
(Jose Luis Magana/AP Photo)
received the missing information through
other memos.
PHOTOS: A PHOTOS: Lohan, PHOTOS: Another
Lead defense attorney Brendan Sullivan challenged the prosecutors on their claims, saying, "Their Golden Kate Ronson on New Look: Brit
Moss Vacation Wigs Out!
argument is disingenuous and possibly dishonest. ... I can't believe this is rectifiable." He went on
to demand that the government dismiss the case.

Related Top Stories


Key Govt. Stevens' Judge Blasts
Witness Drinking, Prosecutors
'Wanted to Fishing Pal in Stevens
Help' Takes Stand Case
Stevens

Do or Die for Toys, Rum & Wreckage Found


Palin as Gov. Racetracks?!? is Steve
"I find this unbelievable," said U.S. District Court Judge Emmet Sullivan. "This is the
Becomes Drag Bailout Bloat Fossett's Plane
government's chief witness." on Republican

The court is in recess until 4:30 p.m., when Sullivan could announce his decision on the mistrial
request.
ABC News to Go
Morris insisted Stevens is getting "a very fair trial," a statement that apparently infuriated the
RSS Feeds E-mail Newsletters
judge.
Podcasts ABC News Mobile
"It's because of me he's getting a fair trial. Thank goodness we don't have to rely on the United
States for giving him a fair trial," the judge said.

Stevens, 84, was indicted for allegedly lying on financial


disclosure forms required by the U.S. Senate. Prosecutors
claim Stevens omitted $250,000 in gifts, including a massive renovation project carried out at his
Girdwood, Alaska, home, which they say Allen and his company funded.

Allen, the former CEO of now-defunct oil services firm Veco, took the stand Tuesday and
Wednesday and testified that he had never sent the senator a bill for the extensive home
renovations.

Payment for the renovation project is at the heart of the case; prosecutors say that Stevens
never paid a dime and that Allen and Veco footed the bill, but the defense says the lawmaker's
family paid every bill it received.
Stevens Defense Alleges U.S. Withheld Evidence... http://online.wsj.com/article/SB122270778906... 9/30/2008 00:37
Stevens Defense Alleges U.S. Withheld Evidence... http://online.wsj.com/article/SB122270778906... 9/30/2008 00:37
Charges against Alaska senator could be dismiss... http://www.cnn.com/2008/POLITICS/10/02/ste... 10/2/2008 14:02

HOME WORLD U.S. POLITICS CRIME ENTERTAINMENT HEALTH TECH TRAVEL LIVING BUSINESS SPORTS TIME.COM VIDEO IREPORT IMPACT

Hot Topics » McCain • Palin • Obama • Biden • Electoral map • Ticker • Commentary • more topics » Weather Forecast International Edition

updated 1 hour, 24 minutes ago

Charges against Alaska senator STORY HIGHLIGHTS


NEW: Judge accuses prosecutors of "gross negligence" in not sharing documents
Sen. Ted Stevens pleads not guilty to failing to report substantial gifts, services
could be dismissed Oil contractor did building work on home of Republican senator
Defense says Stevens paid all bills he knew of

Next Article in Politics »

From Paul Courson


CNN

WASHINGTON (CNN) -- Government prosecutors in the corruption trial of Alaska Sen. Ted Stevens waited
until Wednesday night to give the defense documents that could help the senator's case, drawing a stern
rebuke from the trial judge.

A hearing set for 4:30 p.m. ET Thursday could


result in the dismissal of charges against the
Most Viewed Most Emailed Top Searches
Senate's longest serving Republican in the first
week of his corruption trial. 1 Sheriff: Fossett plane found

Stevens has pleaded not guilty to a seven-count


indictment for filing false statements on mandatory
2 Officer dead of apparent suicide

financial disclosure forms.


3 Group: 300 missing after Ike

Prosecutors say the annual forms should have


included hundreds of thousands of dollars in gifts
4 TV's 'Mr. Clean' dies at 92

from Bill Allen, founder of the Veco Corp. -- an oil


5 Commentary: Chilling future
field contractor and at that time Alaska's biggest
employer. 6 How to be a bad patient

Although the company was not known for


Sen. Ted Stevens did not disclose to the U.S. Senate work 7 Stevens case could be dismissed
done on his Alaska home, prosecutors say. residential construction, former employees have
testified Allen and top aides directly asked them to 8 Pet custody battles in divorce
work on Stevens' home in Girdwood, a ski town
outside Anchorage, Alaska. 9 Bailout vote puts pressure on GOP

Allen himself is the government's star witness, and has been on the stand since Tuesday. 10 The story of 'Tim & Tom'

But Stevens' defense attorneys said prosecutors waited till Wednesday night to turn over crucial FBI notes on more most popular »
Allen. Those indicate that Allen believed that, had Stevens received invoices from the foreman or others for
the Veco work, Stevens would have paid them.

Allen has testified he did not bill Stevens for some of the work.

The notes from the investigator indicate Allen did not fully bill for Veco's work because he felt the costs were
higher than they need to be, and "partly because he did not want the defendant to have to pay." Quick Job Search

On Wednesday, Allen acknowledged in testimony he failed to ask Stevens to pay for some work simply keyword(s):
"because I like Ted." • Part Time Jobs
enter city:
• Sales & Marketing Jobs
Don't Miss The defense cried foul at getting the new information so late in the trial.
• Customer Service Jobs
State Job type
Star witness testifies in A visibly angry federal Judge Emmet Sullivan agreed, saying, "It was
senator's trial
gross negligence on the part of the government."
Senator didn't know about more options »
payments, lawyer says Prosecutors acknowledged the error but said it was unintentional.
Stevens' political future on line
at trial "It was a human error," said prosecutor Brenda Morris. But "by the luck of
Stevens asks that case be God, Mr. Allen is still on the stand and they can cross-examine him."
dismissed
"It shouldn't have to be lucky," Sullivan replied. Stories you may be interested in based on past browsing

Defense attorney Brendan Sullivan told the judge that the prosecution's argument is "disingenuous and
Straight from the House's mouth: Why the
perhaps dishonest."
bailout bill failed
The judge said he found the mistake unbelievable. "I told the government what to do, and it didn't do it," he
thundered. "Why shouldn't I dismiss the indictment?" CNNMoney: Bush wants OK to spend $700B

Morris maintained that Stevens is still receiving a fair trial, but the judge said, "the only reason he's (Stevens)
CNNMoney: Bailout talks in disarray
getting a fair trial is because I'm here to see to it he's getting a fair trial. Thank goodness we don't have to rely
on the United States to give him a fair trial."
Time.com: Lawmakers: Financial Bailout
The judge told jurors the trial would not proceed Thursday because "the attorneys and I need to address some Agreement Reached
issues that have come up. It has nothing to do with your job ... just go enjoy your day."
Bush reassures U.N. on economy
Prosecutors did not speak to reporters as they left the courthouse.

The government's attorneys have been in trouble with the judge three times during the trial.

The first time, the judge threatened to declare the government's case concluded when they ran out of
available witnesses before the court's day was done.

The second time was over the unresolved decision by prosecutors to send a subpoenaed witness back to
Alaska without telling the judge or defense attorneys.
Judge in Stevens Trial Weighs Dismissing Charg... http://www.nytimes.com/2008/10/03/us/03steve... 10/2/2008 13:51

HOME PAGE MY TIMES TODAY'S PAPER VIDEO MOST POPULAR TIMES TOPICS My Account Welcome, witryol22 Log Out Help TimesPeople
Search All NYTimes.com

U.S.
WORLD U.S. N.Y. / REGION BUSINESS TECHNOLOGY SCIENCE HEALTH SPORTS OPINION ARTS STYLE TRAVEL JOBS REAL ESTATE AUTOS

POLITICS WASHINGTON EDUCATION

Advertise on NYTimes.com

Judge in Stevens Case Weighs Mistrial More Articles in US »

By NEIL A. LEWIS
Published: October 2, 2008 Travel Deals E-mail newsletter
E-MAIL
Sign up for travel deals and discounts on airfare, hotels,
WASHINGTON — The trial of Senator Ted Stevens, Republican of Alaska, PRINT
transportation and more! See Sample
fwitryol@nyc.rr.com
teetered on the verge of a mistrial or even a dismissal of the charges on REPRINTS Change E-mail Address | Privacy Policy
Thursday because of the discovery that Justice Department prosecutors had
SAVE
withheld information that they were supposed to turn over to defense
SHARE Advertise on NYTimes.com
lawyers.

Judge Emmit G. Sullivan dismissed for the MOST POPULAR

day the jurors in the trial, in its second E-MAILED BLOGGED SEARCHED

week, and hurriedly scheduled an


1. Thomas L. Friedman: Rescue the Rescue
afternoon hearing on whether he should dismiss the seven 2. As Credit Crisis Spiraled, Alarm Led to Action
felony counts Mr. Stevens faces. 3. Momma, I’ll Have Some of Whatever You’re Having
4. The Steamy Way to Dinner
“It’s very troubling,” said a clearly angry Judge Sullivan, who
5. Roger Cohen: Nixon, Bush, Palin
questioned whether someone in the department deliberately
6. Economic Scene: Lesson From a Crisis: When Trust
concealed the information. “If it wasn’t deliberate, it was gross Vanishes, Worry
negligence.” 7. Timothy Egan: The Legacy
8. Maureen Dowd: Cool Hand Paul
The surprise development came after prosecutors late
9. Shortcuts: Job Hunting Is, and Isn’t, What It Used to Be
Wednesday sent to the defense team a copy of an F.B.I. report of
10. Nicholas D. Kristof: Save the Fat Cats
Jose Luis Magana/Associated Press an agent’s interview with Bill Allen, an Alaska oil services
Brenda Morris, the chief prosecutor,
apologized for what she said was a
magnate. Mr. Allen, who is the prosecution’s chief witness, has Go to Complete List »

serious error. been on the stand this week.

In addition to the scolding of the government by the judge, the


nytimes.com/politics
revelation produced a heated and sometimes personal confrontation between the chief defense
lawyer, Brendan Sullivan, and the chief prosecutor, Brenda Morris, outside the presence of the Complete coverage of tonight's debate
jury. Also in Politics:
The running mates on the issues
Mr. Stevens is charged with failing to list on Senate disclosure forms some $250,000 in gifts and Presidential polls over time
A complete recap of last week's debate
services he received from Mr. Allen and his company, Veco, for renovations of the senator’s home
in Girdwood, Alaska.

At the heart of the trial is the issue of whether Mr. Stevens knowingly failed to list the gifts and
ADVERTISEMENTS
services. Mr. Allen has already testified that he did not send bills to Mr. Stevens because he was
Need to know more?
explicitly told not to do so by the senator’s personally designated liaison to him. Get 50% off home delivery of The Times.

The belatedly disclosed document is the agent’s handwritten report of an interview of Mr. Allen in
which Mr. Allen said he believed that Mr. Stevens would have paid the bills had they been sent to
him.

Mr. Sullivan offered a theatrical protest, throwing down papers at the lectern and saying that in
his 40 years of practice he had never encountered such blatant government ineptitude.

“The integrity of this process has been breached,” he asserted in asking for a dismissal. “I’ve
never seen anything like it.”

Mr. Sullivan’s argument is that had he known of the agent’s report of the interview it would have
fundamentally altered his approach to the case and would have figured in his opening statement.
It could buttress the principal defense argument that Mr. Stevens thought had always fully
intended to pay any bills for home renovation and thus did not conceal any gifts.

Judge Sullivan seemed persuaded that the offense was grave but remained uncertain as to the
remedy. He asked Mr. Sullivan if he would accept partial solutions like new instructions to the
jury about the document.

But Mr. Sullivan held out for a sanction like a mistrial or dismissal. “I can’t believe this is
rectifiable,” he said, arguing that he could not go back and redo his opening statement.

Ms. Morris, the chief prosecutor, apologized for what she acknowledged was a serious mistake by
Judge in Stevens Trial Weighs Dismissing Charg... http://www.nytimes.com/2008/10/03/us/03steve... 10/2/2008 13:51

someone on her team but said that Mr. Sullivan had exaggerated the damage. She said the INSIDE NYTIMES.COM
information about Mr. Allen’s views was relayed to the defense lawyers in a Sept. 9 letter.

“It was an error,” Ms. Morris said. “I’m not going to conceal that.” But she added that it
amounted to “nothing; it is form over substance.” The revelation, she said, “doesn’t make the
defense case any better or the government’s case any worse.”

Underlying the dispute is a 1963 Supreme Court ruling, Brady v. Maryland, that requires
prosecutors to make available to the accused any information it has that may help in the defense.

The dispute involves the prosecution’s second mistake during the trial; Judge Sullivan had earlier
admonished the government for its handling of a witness. The judge declined a defense request
for a mistrial in that matter but said prosecutors had behaved badly in sending home to Alaska a
witness who might have helped the defense.

More Articles in US »

Enjoy the convenience of home delivery of The Times for less than $1 a day

Past Coverage
Witness at Alaska Senator’s Trial Describes Gifts to Family (October 1, 2008)
In Trial of Alaska Senator, a Story of Oil, Money and Politics (September 22, 2008)
Court Records Detail Link From Contractor to Senator (August 16, 2008)
Executive Describes Work on Senator's Home (September 16, 2007)

Related Searches
Stevens, Ted Get E-Mail Alerts
Allen, Bill J Get E-Mail Alerts
Justice Department Get E-Mail Alerts
Decisions and Verdicts Get E-Mail Alerts

HOME & GARDEN » FASHION & STYLE » OPINION » WORLD » OPINION » MUSIC »

Shopping to Set a Party Table Martin Margiela: Fashion’s Life in Zimbabwe: Wait for Op-Ed : Questions for the Facing Time With Plenty of
With David Serrano Invisible Man Useless Money Next Vice President Swagger

Home World U.S. N.Y. / Region Business Technology Science Health Sports Opinion Arts Style Travel Jobs Real Estate Automobiles Back to Top

Copyright 2008 The New York Times Company Privacy Policy Search Corrections RSS First Look Help Contact Us Work for Us Site Map
Judge Blasts Prosecutors in Stevens Case http://www.abcnews.go.com/print?id=5909449 9/29/2008 18:35

Judge Blasts Prosecutors in Ted Stevens Case


Defense Claimed Prosecutors Withheld a Key Witness Who Might Help Case

By JASON RYAN

Sept. 29, 2008 —

A federal judge blasted prosecutors in the corruption case of Sen. Ted Stevens Monday and said he will consider sanctions against them if warranted, after defense attorneys said
that the government withheld information about a possible witness who they say could bolster the Alaska Republican's claim of innocence.

U.S. District Court Judge Emmet Sullivan denied a request filed overnight by Stevens' attorneys to declare a mistrial and dismiss the indictment against the lawmaker, but he
cautioned that "[t]he government is treading in very shallow water here."

Stevens, 84, is the longest-serving Republican senator. He is accused of lying on financial disclosure forms required by the U.S. Senate and concealing $250,000 worth of gifts
including a massive renovation project carried out at his Girdwood, Alaska, home. He has pleaded not guilty to the charges.

This weekend the Stevens defense team discovered that Robert "Rocky" Williams, who reportedly worked as the supervisor on the home renovation, had returned to Alaska last
week after speaking with prosecutors.

The defense has suggested that he has critical information about payments Stevens made for the renovations of his home.

The home renovation project is key to the prosecution's case, as government lawyers have claimed in court that Stevens worked with now-defunct oil services firm Veco to carry the
work out off the books so he wouldn't have to pay the full cost of the project.

After speaking with Williams by phone this weekend, the defense says that he was prepared to testify that he did not spend as much time working on the house as the government
has asserted at trial. The defense has argued in opening statements that Stevens paid $160,000 for the home renovations and did nothing wrong.

"I'm not suggesting misconduct by the government, but I want briefs on this issue," Sullivan told the lawyers after a lunch break. Earlier Monday, Sullivan had scolded prosecutors
for "unilaterally" making the decision to send Williams home.

"If it is sanctionable, I will impose sanctions," Sullivan said of the situation.

Before the trial started Monday morning, Prosecutor Nicholas Marsh told the judge that Williams' testimony was not central to the case because it "is about the financial disclosure
forms."

But defense attorney Robert Cary told the judge if the defense had the information before trial, its ability to cross-examine witnesses and opening statement would have been
different. "Our defense is that he [Sen. Stevens] paid a fair price," he said.

Cary said that Williams initially did not want to speak with the defense and told the judge, "We got lucky that we were able to speak with him."

The fact prosecutors had allowed Williams to return to Alaska without informing the defense or the judge apparently infuriated Sullivan.

"I'm flabbergasted why you'd do this. ... Get on a plane and call the defense attorneys when you get back to Alaska," Sullivan said. "Why wasn't I consulted? I'm peeved now. It's a
federal subpoena to appear in my court."

Marsh told Sullivan that Williams was not under subpoena until Oct. 6, but that "[l]ooking back on it, we understand where the court's coming from."

The judge ruled to allow the defense to reexamine several witnesses that have already testified. The defense has been able to recall former Veco accountant Cheryl Boomershine so it
can address invoices and documents submitted by Williams.

After a two-hour delay, the jury reentered the courtroom, ready to hear defense attorneys reexamine several prosecution witnesses.

Copyright © 2008 ABC News Internet Ventures


Prosecutor: Sen. Stevens did not report statue | R... http://www.reuters.com/articlePrint?articleId... 9/18/2008 17:21

Print | Close this window

Prosecutor: Sen. Stevens did not report


statue
Thu Sep 18, 2008 3:57pm EDT

By James Vicini

WASHINGTON (Reuters) - U.S. Republican Sen. Ted Stevens of Alaska,


facing trial next week on corruption charges for leaving out more than
$250,000 in gifts from his financial disclosure forms, also failed to report a
$29,000 statue of a fish, a prosecutor said on Thursday.

Justice Department prosecutor Edward Sullivan told a hearing the bronzed,


sculpted statue "is sitting on his front porch," an apparent reference to
Stevens' home in Alaska. A defense lawyer said the statue depicted
migrating salmon.

Stevens is set to go on trial next week on seven counts of filing false Senate
financial disclosure forms by leaving out extensive renovations to his house
in the ski resort town of Girdwood and other gifts from an Alaska oil
services company, VECO Corp.

Sullivan did not give further details about who gave the statue or when it
was given. But defense lawyer Robert Cary said the statue was really
destined for Stevens' official congressional library that has yet to be built by
a foundation.

Stevens, 84, faces a close race for re-election in November against a


Democratic challenger in what has long been a safe Republican seat.
Stevens has been in the Senate for 40 years and is the longest-serving
Republican senator in U.S. history.

U.S. District Judge Emmet Sullivan said a group of potential jurors would fill
out a questionnaire on Monday. Prosecutors and defense lawyers would
begin questioning potential jurors on Tuesday, a process that could take a
couple of days. Opening arguments are expected later next week.

Sullivan also ruled that defense lawyers can get the medical records of the
prosecutor's star witness in the case, Bill Allen, VECO's former chief
executive, involving his 2001 motorcycle accident.

Allen suffered some brain damage in the accident. The defense wants the
records in an effort to discredit Allen's testimony.

(Editing by Cynthia Osterman)


© Thomson Reuters 2008. All rights reserved. Users may download and print extracts of content from
this website for their own personal and non-commercial use only. Republication or redistribution of
Thomson Reuters content, including by framing or similar means, is expressly prohibited without the
prior written consent of Thomson Reuters. Thomson Reuters and its logo are registered trademarks or
trademarks of the Thomson Reuters group of companies around the world.

Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and
disclosure of relevant interests.
Prosecutor Says Senator Knowingly Hid Gifts -... http://www.nytimes.com/2008/09/26/washingto... 9/25/2008 23:21

September 26, 2008

Prosecutor Says Senator Knowingly Hid Gifts


By NEIL A. LEWIS

WASHINGTON — A Justice Department prosecutor told a jury Thursday that Ted Stevens, who has represented Alaska in the Senate for 40 years, engaged in “a
scheme to conceal from the public” a variety of gifts and home renovation services he received.

In her opening statement of what is expected to be a nearly monthlong trial, the prosecutor, Brenda Morris, said Mr. Stevens knowingly did not list on Senate
disclosure forms goods and services totaling $250,000 that he received from an Alaska contractor, Bill Allen. Mr. Stevens, 84, the longest-serving Republican in the
Senate’s history, has pleaded not guilty to seven felony counts of filing false statements.

Ms. Morris listed several items she said Mr. Stevens had received in recent years, including a sled dog and a massage chair, but at the heart of the case, she noted,
was the makeover of the Stevens family home in Girdwood, Alaska. She said Mr. Allen, a freewheeling oil services contractor and onetime friend of Mr. Stevens, paid
for most of the renovations, which included a new first floor built after jacking up the house, along with two new decks, a garage, lighting and a built-in gas grill.

In his opening statement, Mr. Stevens’s lawyer, Brendan Sullivan, told the jury that the senator did not “intentionally violate the law” and was misled by Mr. Allen
about the exact costs. But Mr. Sullivan also offered a new and striking assertion: that Mr. Stevens had not been familiar with the details of the project and could not
have knowingly concealed the costs, because Mr. Stevens’s wife of 28 years, Catherine Stevens, had the principal responsibility to look after the details of the
renovation.

Mr. Sullivan said that although it might be uncomfortable to talk about their relationship and how they divided chores, he would introduce evidence that Mrs.
Stevens, a prominent Washington lawyer, was the family’s designated overseer of the project.

“Catherine ran the financial part of the renovation,” Mr. Sullivan said. “Ted devoted all of his time and energy to what he had always done,” serving in the Senate.

Mr. Sullivan also said it had been Mrs. Stevens’s wish to have such an elaborate home expansion. Mr. Stevens, he said, had wanted to build only a room to serve as a
bunkhouse for his 11 grandchildren.

In addition to offering up Mrs. Stevens’s role as an explanation for the senator’s failing to list the goods and services on the disclosure forms, Mr. Sullivan laid out to
the jury an elaborate counternarrative. A “devious” Mr. Allen did lots of extra and unwanted work on the house, he said. Mr. Allen, who is awaiting sentencing on a
conviction for bribing Alaska state lawmakers, is expected to be the principal prosecution witness.

In all, Mr. Sullivan said, the Stevenses paid about $160,000 toward the home renovation, a figure they could have believed was an accurate cost.

Ms. Morris, the prosecutor, said that while Mr. Stevens paid some of the contractors who worked on the house, he never paid Mr. Allen or his company, Veco, which
she said performed $188,000 worth of work.

Mr. Stevens used Veco and its owner as “his own personal handyman service,” with a clear understanding that he would not have to pay for anything done by Veco,
the prosecutor told the jury.

“We reach for the Yellow Pages,” Ms. Morris said. “He reaches for Veco.”

Mr. Stevens, regarded as a formidable legislative player in the Senate, sat quietly at the defense table throughout the day.

The criminal case will turn heavily on the issue of intent, a question of whether Mr. Stevens knowingly omitted the receipt of the goods and services from his Senate
form.

Ms. Morris said testimony from Mr. Allen and secretly taped telephone conversations would demonstrate that Mr. Stevens fully understood he was getting “lots of
stuff for free.” She said that in one conversation, Mr. Stevens told Mr. Allen that if things went badly, “no one’s going to be killed, just some legal bills and a little jail
time.”

Mr. Sullivan said he would present e-mail messages Mr. Stevens sent to aides, Mr. Allen and others that stressed he wanted all bills to be sent to him.

Copyright 2008 The New York Times Company

Privacy Policy Search Corrections RSS First Look Help Contact Us Work for Us Site Map
Prosecutor says Sen. Ted Stevens 'decided' to b... http://www.latimes.com/news/nationworld/natio... 9/25/2008 22:15

Hello Visitor Register Sign-In


LAT Home | My LATimes | Print Edition | All Sections Jobs | Cars.com | Real Estate | Foreclosure Sale | More Classifieds

National SEARCH

You are here: LAT Home > National News

National
Prosecutor says Sen. Ted Stevens Email | Print | Text | RSS

» Washington
'decided' to break law ADVERTISEMENT

She says he took thousands of dollars in gifts and services and knowingly hid
News/Opinion evidence. Ted Stevens' lawyer counters that the senator paid for work on his home
California | Local and did not make false statements. Most Viewed Most E-mailed
National
By Richard B. Schmitt, Los Angeles Times Staff Writer 1. U.S., Pakistan troops exchange fire on Afghanistan
World 12:14 PM PDT, September 25, 2008 border
Business
2. JPMorgan Chase buys Washington Mutual
Sports WASHINGTON -- Lawyers offered sharply divergent portraits of Sen. Ted Stevens as
Campaign '08 3. White House meeting ends with bailout still not
the corruption trial of the long-serving Alaska Republican began Thursday in federal finalized
Science court. 4. Obama and McCain debate plans remain uncertain
Environment
Opinion 5. Keating 5 ring a bell?
"This is a simple case about a public official who took hundreds of thousands of
dollars worth of free financial benefits, and then took away the public right to know 6. McCain stands up David Letterman
Arts/Entertainment that information," Brenda Morris, the lead Justice Department prosecutor, said in the 7. Dodgers clinch NL West title
Entertainment government's opening statement. 8. Schwarzenegger vetoes bill increasing oversight of
The Guide mortgage brokers
Arts & Culture Stevens is accused of knowingly and repeatedly filing false financial reports with the 9. Review: 'Miracle at St. Anna'
The Envelope Senate between 2000 and 2006 that understated or omitted gifts or other benefits 10. Palin's Big Oil infatuation
that he got from an oil executive and others.
Living
Addressing jurors, Morris ticked off examples of the largess, including what the
Travel
government alleges were more than $240,000 in improvements to Stevens' residence
Health
in Alaska.
Autos
Home & Garden
Stevens hid an array of other things of value, she said, including an Alaskan sled dog,
Food
a $2,700 massage chair and a "sweetheart trade" in which he got a $44,000 Land World Headlines
Image
Rover in exchange for a 34-year-old Mustang and $5,000. 1. Paul McCartney concert in Israel touches a nerve
Books
Living Green 2. U.S., Pakistan troops exchange fire on Afghanistan
"The government will prove to you that over a seven-year period, the defendant border
Video received a lot of things," Morris said. "The public had a right to know this, but the 3. New South Africa president is sworn in
Photography defendant said 'No," and instead he decided to violate the law." 4. China launches three-man crew into space; mission
Obituaries to include spacewalk
Crosswords/Sudoku Morris said Stevens' experience in government and familiarity with Senate rules and 5. In Mexico City, bicycles rule the Sunday streets
Your Scene procedures foreclosed the possibility that the omissions were innocent mistakes.
Blogs
"The defendant is a career politician. He has been a member of the United States
Columnists
Senate for over 30 years," Morris said. "You do not survive as a politician in this town
Print Edition
for very long without being very, very smart, very, very deliberate, very, very forceful, Hostels get an upgrade
Readers Rep
and at the same time knowing how to fly under the radar."
Corrections Many offer simple
All Sections dorm-style quarters,
Morris also described the relationship between Stevens and a now-defunct but some are
Alaska-based oilfield services concern, VECO Corp., which oversaw the home installing cable,
Buy, Sell & More
renovations, and whose former chief executive, Bill J. Allen, is alleged to have flat-screen TVs, new
Jobs showered Stevens with gifts. Allen is expected to be a key government witness in the beds and using nicer
Cars case. linen. Photos
Real Estate
Foreclosure Sale "VECO acted as his own personal handyman service," Morris said. "If the defendant
Apartments needed an electrician, he would contact VECO. If he needed a plumber, he would
Personals contact VECO." Your Scene: Reader Photos
Deals at Local Stores
Coupons "We reach for the Yellow Pages," Morris told the jury. "He reached for VECO." View our readers' photos of Just Five More
Newspaper Ads
Minutes... and share your own at Your Scene.
Stevens' lawyer, Brendan V. Sullivan, said it was illogical for a man of Stevens' Submit your photo »
Place an Ad stature and experience to start violating the law.
In the Newspaper
Online "Why all of a sudden, in his 75th year, did he decide to go out and become a
criminal?" Sullivan said, alluding to the start of the alleged illegal conduct in 1999.
Settings/Services "The evidence will show that he did not file false statements, and the evidence of
intent is found in many, many ways."
Sign In
Register
Sullivan said Stevens paid fair value for the home improvements, which he said ended
Personalized News
up approximating the assessed value of the home.
E-Mail Newsletters
RSS Feeds
The lawyer also attempted to distance the lawmaker from the details of the
Help
transaction. He said that Stevens' wife, Catherine, was in charge of paying the bills,
Contact Us
and that it was hard for the couple to keep close track of the project. With their main
L.A. Times Archives
residence in Washington, they spent only a few days out of every year at the Alaskan
Reprint Requests
residence in Girdwood a resort town southeast of Anchorage
Prosecutor says Sen. Stevens knowingly hid gifts... http://www.mercurynews.com/nationworld/ci_... 9/25/2008 23:28

Print Services: Subscribe e-Edition Home Delivery Web: Sign in Register Mobile Edition

Site Web Search powered by YAHOO! SEARCH

HOME NEWS BUSINESS TECH SPORTS ENTERTAINMENT LIFE & STYLE OPINION MY CITY HELP JOBS CARS REAL ESTATE CLASSIFIED SHOPPING PLACE AD

San Jose, CA Now:71°F High:83°F Low:54°F 5-day forecast Get weather for: city or zip

Most Viewed Most Emailed


Reprint Print Email Font Resize
(From the last 12 hours)

1. Schwarzenegger
Prosecutor says Sen. Stevens knowingly hid gifts
signs bill banning
texting by motorists By Neil A. Lewis, New York Times
2. DUI suspect who Article Launched: 09/25/2008 08:03:12 PM PDT
farted at police
officer charged with
battery WASHINGTON — A Justice Department prosecutor told a jury on Thursday that Ted Stevens, who has represented
3. Police release Alaska in the Senate for 40 years, engaged in "a scheme to conceal from the public" a variety of gifts and home
sketch of man renovation services he received.
suspected of
exposing, fondling In her opening statement of what is expected to be a nearly monthlong trial, the prosecutor, Brenda Morris, said
himself... Stevens knowingly did not list on Senate disclosure forms goods and services totaling $250,000 that he received from
4. Letterman keeps up an Alaska contractor, Bill Allen. Stevens, 84, the longest-serving Republican in the Senate's history, has pleaded not
assault on McCain guilty to seven felony counts of filing false statements.
5. East Palo Alto man
arrested on Morris listed several items she said Stevens had received in recent years, including a sled dog and a massage chair,
suspicion of raping but at the heart of the case, she noted, was the makeover of the Stevens family home in Girdwood, Alaska. She said
2-year-old girl Allen, a freewheeling oil services contractor and one-time friend of Stevens, paid for most of the renovations, which
6. Raiders' Russell included a new first floor built after jacking up the house, along with two new decks, a garage, lighting and a built-in
showing signs of gas grill.
progress
In his opening statement, Stevens' lawyer, Brendan Sullivan, told the jury that the senator did not "intentionally violate
the law" and was misled by Allen about the exact costs. But Sullivan also offered a new and striking assertion: that
Top Classifieds Stevens had not been familiar with the details of the project and could
not have knowingly concealed the costs, because
Stevens' wife of 28 years, Catherine Stevens, had the
Advertisement principal responsibility to look after the details of the
ROSE GARDEN CONDO renovation.
$1700 2BD/2BA
Click for Details
Sullivan said that although it might be uncomfortable to talk about their relationship and how they divided chores, he
Santa Clara 4/2.5
$3050
would introduce evidence that Catherine Stevens, a prominent Washington lawyer, was the family's designated
Click for Details overseer of the project.
Sunnyvale $2590
4bd/2ba "Catherine ran the financial part of the renovation," Sullivan said. "Ted devoted all of his time and energy to what he
Click for Details had always done," serving in the Senate.
3BD/2.5BA, Pool, W/D
$3550. Sullivan also said it had been Catherine Stevens' wish to have such an elaborate home expansion. Stevens, he said,
Cupertino had wanted to build only a room to serve as a bunkhouse for his 11 grandchildren.
Click for Details

RV OR TRAILER SPACE
In addition to offering up Catherine Stevens' role as an explanation for the senator's failing to list the goods and
Click for Details services on the disclosure forms, Sullivan laid out to the jury an elaborate counternarrative. A "devious" Allen did lots of
los gatos$2600
extra and unwanted work on the house, he said. Allen, who is awaiting sentencing on a conviction for bribing Alaska
3bd/2ba state lawmakers, is expected to be the principal prosecution witness.
Click for Details
In all, Sullivan said, the Stevenses paid about $160,000 toward the home renovation, a figure they could have believed
ALL LISTINGS was an accurate cost.

Related Topic Pages Morris, the prosecutor, said that while Stevens paid some of the contractors who worked on the house, he never paid
Allen or his company, Veco, which she said performed $188,000 worth of work.
Iran
Iraq Stevens used Veco and its owner as "his own personal handyman service," with a clear understanding that he would
Immigration not have to pay for anything done by Veco, the prosecutor told the jury.

"We reach for the Yellow Pages," Morris said. "He reaches for Veco."

Stevens, regarded as a formidable legislative player in the Senate, sat quietly at the defense table throughout the day.

The criminal case will turn heavily on the issue of intent, a question of whether Stevens knowingly omitted the receipt
of the goods and services from his Senate form.

Morris said testimony from Allen and secretly taped telephone conversations would demonstrate that Stevens fully
understood he was getting "lots of stuff for free." She said that in one conversation, Stevens told Allen that if things
went badly, "no one's going to be killed, just some legal bills and a little jail time."

Reprint Print Email Font Resize Return to Top

Comments
We are pleased to let readers post comments about an article. Please increase the credibility of your post by including your full
name and city in the body of your comment.
FAQ: Article commenting how-tos and tips
McClatchy Washington Bureau | 09/26/2008 | Co... http://www.mcclatchydc.com/homepage/story/... 9/26/2008 15:19

Posted on Friday, September 26, 2008 email | print | advertisement


MOST VIEWED LAST 24 HOURS

Contractors describe work they did Is the bailout needed? Many economists say 'no'
McCain gets blamed for angry end to Bush's bailout

on Stevens' home meeting


Why shouldn't Ukraine join NATO? They may not
By Richard Mauer and Erika Bolstad | McClatchy Newspapers want to
WASHINGTON -- Tradesmen who renovated Sen. Ted Stevens' home in Alaska McCain reverses course, decides to debate tonight
in 2000 testified Friday about their work, as prosecutors began building a case after all
that the Alaska Republican never paid a prominent oil services company for
Election officials telling college students they can't
electrical and carpentry work on the so-called "chalet."
vote
In the second day of testimony, a series of electricians and carpenters
described in detail how they jacked up the home in Girdwood, Alaska, and RECENT WORLD HEADLINES
installed a lower story, and redid all of the electrical wiring. In some cases,
employees for Veco Corp. -- whose executives were for years the leading U.S., Pakistani forces exchange fire along the Afghan
campaign contributors to many Alaska political candidates, including Stevens -- border
spent hundreds of hours devoted to work on the senator's home. Where Obama and McCain stand on key foreign
policy issues
Stevens faces seven felony counts of lying on his Senate financial-disclosure
forms. The 84-year-old senator is accused of accepting more than $250,000 in Why shouldn't Ukraine join NATO? They may not
gifts from the now-defunct oilfield services company and its former chief want to
executive officer, Bill Allen. Among the gifts he's accused of accepting are Venezuela's Chavez sees America as a 'sinking ship'
renovations to his Girdwood home that lifted it from its foundation and added a
lower story, doubling it in size. Latin Americans at U.N. slam U.S. priorities in credit
crisis
Some Veco employees spent months at the Stevens home, according to » More World headlines
testimony. Beginning in October 2000, Roy Dettmer of Littleton, Colo., spent
four months working six days a week, 10 hours a day, installing electric service
in the new sections of the house and rewiring much of the old. RECENT NATIONAL HEADLINES
Despite economic downturn, customers still love their
Every morning, he'd drive to the Port of Anchorage, where he was assigned to
work, sign in using his badge, then drive 45 miles to Girdwood. In the evening, spas
he would have to "badge out" again back at the port before he could go to his Thrift stores desperate for donations; sales increase
hotel. Dettmer's pay at Veco at the time was between $27 and $29 an hour, Tempers fraying in Charlotte as gasoline shortage
plus overtime. Working a schedule of six weeks on, two off, Dettmer said he
persists
spent about 400 hours on the project.
NASCAR shares long history with the military
Assistant U.S. Attorney Joe Bottini of Anchorage walked Dettmer through his Lance Armstrong says he'll ride in Amgen Tour of
tasks. The service entrance had been at the rear of the original house, but that
California
was now 15 feet in the air. Dettmer moved it to the other side of the house in
the new garage Veco built, requiring all the old circuits to be extended. That » More Nation headlines
doubled the electrical capacity from 100 amps to 200 amps. That meant the
generator that had been installed by Veco only the year before had to be
RECENT WASHINGTON HEADLINES
rewired and moved as well.
Contractors describe work they did on Stevens' home
Veco bought the material from an Anchorage supplier, Dettmer said. The new Proposed financial bailout puts all other legislation on
kitchen built by Veco on the second floor also had to be wired.
back burner
Dettmer said he never met Stevens, but Catherine Stevens, the senator's wife, GOP's bailout problem: Its senators just can't agree
came around once. The Veco supervisor, Rocky Williams, introduced him. Valley colleges could get new funding from farm bill

"We said 'Hi,' and that was it," Dettmer said. Congress ends ban on offshore drilling, but fight's not
over
Doug Alke, a Veco electrician, described installing a backup generator at the » More Washington headlines
residence in the fall of 1999, the year before the renovations that doubled the
Stevens home in size.
RECENT ELECTION 08 HEADLINES
Alke estimated that he spent an estimated 20 to 24 hours on the job, including
Just how important are those monologues trashing
coming back a few days after he and another Veco worker installed the
generator to check on whether it was cutting on automatically each week to McCain?
recharge the batteries. McCain reverses course, decides to debate tonight
after all
The journeyman electrician, who was paid about $19.50 an hour at the time,
said he filled out an "overhead number" on his timesheet, a code that described McCain reverses course, heads to Mississippi for
which client the work should be billed to. The number for the Stevens job wasn't debate
for a specific client like other jobs were, Alke said. Instead, it was an internal S.C. voters full of questions heading into first debate
code used for what he assumed were accounting purposes, he said.
Alaska AG suing to kill subpoenas in 'troopergate'
Catherine Stevens stopped by once to bring workers muffins, said another » More Election 2008 headlines
contractor, Mike Luther, a carpenter with Christensen Builders of Anchorage.
He also saw Sen. Stevens once, saying he was friendly and "talked to advertisement
everyone."
TODAY'S FEATURED CARTOON
On his way out of the courtroom Friday, Luther waved to Stevens as he walked
past the senator at the defense table.

Friday, both prosecutors and Stevens' attorneys also made sure to familiarize
the jury with some terms that are second-nature to Alaskans, especially those
who work on the North Slope oilfields. One of Stevens' lawyers, Robert Cary,
asked Alke what was a "hitch" on the North Slope.

"A 'hitch' is just a rotation," Alke said. "It's slang. Six weeks on, two weeks off."

Alaska might be a very distant place for many of the jurors, but Gov. Sarah
Palin's vice presidential candidacy has made it more familiar than it once was. » More Cartoons
When Alke told the jury he was from her hometown of Wasilla, a murmur of
recognition shot through the courtroom.

S ff
Associated Press: Judge considers mistrial in St... http://license.icopyright.net/user/viewFreeUse.a... 10/2/2008 12:22

October 2, 2008

Judge considers mistrial in Stevens case


By TOM HAYS
Associated Press Writer

A federal judge angrily halted the corruption trial of Sen. Ted Stevens on Thursday after the Alaska lawmaker's attorney accused prosecutors of withholding evidence that would help
their case.

U.S. District Judge Emmet G. Sullivan sent the jury home for the day so he could consider arguments about whether to declare a mistrial.

Earlier, with jurors out of the courtroom, he lashed out at prosecutors for not turning over FBI reports about their star witness, Bill Allen, until late Wednesday night.

"This is not about prosecution by any means necessary," he said. "It's not about hiding the ball. ... Why shouldn't I dismiss this indictment? I find it unbelievable that this was just an
error."

It was the second time Sullivan has scolded prosecutors over their case against Stevens, who's accused of lying on Senate forms about more than $250,000 in home renovations and
other gifts from Allen's oil pipeline firm, VECO Corp.

Earlier this week, the judge rebuked prosecutors for sending another witness — the foreman of the renovation project — back to Alaska without notifying Stevens' lawyers.

The trial, now in its second week, was thrown into disarray Thursday morning when veteran defense attorney Brendan Sullivan demanded the judge either declare a mistrial or throw out
the charges. The lawyer argued that prosecutors violated evidence rules by not turning over the FBI reports far sooner.

The reports, the defense lawyer said, showed that Allen believed his longtime friend Stevens was willing to pay for the renovations — a point he would have made in his opening
statement if he had known.

"The integrity of this proceeding has been breached," Sullivan said, his voice rising.

Prosecutor Brenda Morris admitted her team had made a mistake, but insisted it was not serious enough to hurt the defense case or cause a mistrial.

"It wasn't done intentionally," she said. "It was human error."

The jury had been expected on Thursday to hear secretly recorded audiotapes of phone conversations between Allen and Stevens, the longest-serving Senate Republican.

Prosecutors say the tapes back up testimony earlier this week by Allen that he never billed Stevens for work by VECO employees that helped turn a modest A-frame into a two-story
home with a garage, sauna, wine cellar and wraparound porches. Allen told the jury he didn't want his fishing and drinking buddy to pay "because I liked him."

On Wednesday, prosecutors introduced e-mails and handwritten thank-you notes from the Alaska senator, including one in 2002 telling Allen, "You owe me a bill," and citing ethics rules.

Stevens went on to say he'd asked a mutual friend to speak with Allen about the topic. But Allen said that when he spoke to the friend, Bob Persons, the message was quite different.

"Bill, don't worry about getting a bill," Allen claimed Persons said. "Ted's just covering his ass."

The senator acknowledges that, because he was working in Washington, he asked Allen to oversee the project. But Stevens says he was adamant that he pay all the bills and had no
idea Allen was paying many of the costs himself.

Stevens, a patriarch of Alaska politics for generations, has been stuck in the courtroom as a Democratic opponent back home mounts a strong challenge to the seat Stevens, 84, has
held for 40 years.

His opponent, Anchorage Mayor Mark Begich, accused the senator on Thursday of ducking debates and challenged him to square off, "any day, any schedule."

___

On the Net:

Justice Department documents: http://www.usdoj.gov/criminal/us-v-stevens/ [http://www.usdoj.gov/criminal/us-v-stevens/]


Associated Press: Judge considers mistrial in St... http://license.icopyright.net/user/viewFreeUse.a... 10/2/2008 12:22

Sen. Ted Stevens, R-Alaska, waves to the media as he leaves the


U.S. District Court in Washington after his trial Wednesday Oct. 1,
2008. (AP Photo/Jose Luis Magana)

© 2008 Associated Press. Permission granted for up to 5 copies. All rights reserved.
You may forward this article or get additional permissions by typing http://license.icopyright.net/3.5721?icx_id=D93IEPBG0 into any web browser. Press Association and Associated Press logos are registered trademarks
of Press Association. The iCopyright logo is a registered trademark of iCopyright, Inc.