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Summary of Prosecutorial Misconduct in Ted Stevens Case

I've uploaded a copy of the defense motion to dismiss in United States v. Theodore Stevens.  It's available here.  It's astounding reading - even after appropriately discounting it, given that it was written by defense counsel.  Here is one specific instance of prosecutorial misconduct that occurred in the case: Senator Stevens was similarly prejudiced by the government?s disclosures regarding whether Dave Anderson had been promised immunity. The government represented in its September 9 Brady letter that Anderson had not been promised immunity and that his March 2008 affidavit to the contrary was false. Anderson testified consistently with this letter at trial. Based on the government?s September 9 representation and Anderson?s testimony, defense counsel chose not to cross-examine Anderson...continue to full post

Full post as published by Crime & Federalism on February 14, 2009 (boomark / email).