Ted Stevens' New Trial Motion to Land with a Thud

When government prosecutors get their copy of the motion for a new trial in Sen. Ted Stevens’ case this week, the printed document will be slightly heavier than first anticipated.

U.S. District Judge Emmet Sullivan yesterday granted Stevens’ defense lawyers more space to file the motion—up to 75 pages. Local rules say motions—and response briefs—cannot exceed 45 pages without court approval.

“The trial in this case took an entire month and gave rise to numerous legal disputes, including motions, evidentiary objections, and juror issues. The many legal issues cannot adequately be briefed within the local rule’s presumptive 45-page limit,” wrote defense attorney Craig Singer, a partner at Williams & Connolly.

Justice Department prosecutors saw no need to allow defense counsel additional space. Forty-five pages? More than sufficient.

“Although this case presented a number of motions and evidentiary issues both prior to and during the trial, the vast majority of them were briefed in detail by the parties and evaluated with great care by the Court,” Brenda Morris, principal deputy chief in the Public Integrity Section, wrote in response to the defense request. Morris (pictured above) was the lead government prosecutor.

The government’s response to the new-trial motion is not due until early January. Judge Sullivan is scheduled to hear the motion Feb. 25. A sentencing date for Stevens has not been set.

In the appellate arena, both sides are limited—barring relief from the court—to 14,000 words for the opening brief. Reply briefs are limited to 15 pages (650 lines or 7,000 words). For the record, there are 254 words in this post.