USA TODAY US Edition

Stevens prosecutor­s’ actions were ‘illegal’

Senate hearing held on report

- By Kevin Johnson USA TODAY

WASHINGTON — The court-appointed investigat­or who found rampant misconduct in the corruption prosecutio­n of former Alaska senator Ted Stevens said during a Senate hearing Wednesday that federal prosecutor­s’ actions were “illegal’’ but stopped short of suggesting they should be charged with crimes.

Henry Schuelke, author of a March 15 report that concluded that prosecutor­s intentiona­lly withheld critical informatio­n from the sena- tor’s defense team, said he would have recommende­d criminal contempt charges had the federal judge overseeing the matter specifical­ly ordered government lawyers to turn over the informatio­n at trial.

Schuelke told the Senate Judiciary Committee that the Stevens prosecutor­s were part of a culture in which winning the case was the “primary operative motive.’’

Asked whether the prosecutor­s should be held criminally responsibl­e for their conduct, Schuelke said that decision should be left to the Justice Department. His report — ordered by Judge Emmet Sullivan, who threw out the charges against Stevens in 2009 — was to determine only whether the prosecutor­s should be charged with criminal contempt for violating a court order.

The prosecutor­s’ lawyers maintain that their clients’ conduct was fair and proper.

Attorney General Eric Holder, who learned of the misconduct after taking office in 2009 and requested that the case be dismissed, ordered an internal review, which is ongoing.

Among the failures outlined in Schuelke’s report was a prosecutio­n “permeated by the systematic concealmen­t’’ of evidence favorable to the defense. The report described a rogue team of prosecutor­s and federal agents who allegedly allowed its star witness to give false testimony before a jury that later found Stevens guilty of seven counts of lying on Senate financial disclosure statements.

Within days of the jury’s decision, the Republican senator, who had served for four decades, narrowly lost his re-election bid. He died in a plane crash in 2010.

The report said prosecutor­s made “astonishin­g misstateme­nts’’ to Stevens’ lawyers in an attempt to conceal informatio­n suggesting that their star witness, oilman Bill Allen, had in an unrelated case pressured a former child prostitute to sign a false declaratio­n that he never had sex with her when she was underage.

“I have great concerns about this case,’’ said Senate Judiciary Committee Chairman Patrick Leahy, D-VT. “What happened in the Stevens case should not happen again, whether the defendant is prominent or an indigent defendant.’’

 ?? AP ?? Schuelke: Stopped short of suggesting charges.
AP Schuelke: Stopped short of suggesting charges.

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