Just in case prosecutors around the world hadn't heard about the Ted Stevens case here in Washington, Lanny Breuer this week helped spread the word.
Breuer, the assistant attorney general for the Justice Department’s Criminal Division, noted the failed prosecution of Stevens in remarks Wednesday in Ukraine—yes, Ukraine—at the 14th annual conference of the International Association of Prosecutors. The trip abroad was Breuer's first as assistant attorney general for the Criminal Division.
Breuer noted the Stevens prosecution in a session about fairness in the pursuit of justice. In April, Attorney General Eric Holder Jr. moved to dismiss the indictment against Stevens—post-conviction—after a review of the case revealed that Justice lawyers had failed to turn over certain notes to Stevens’ lawyers. The notes contradicted testimony from the government’s chief witness.
The “assurances of a fair conviction were lacking,” Breuer said. He called the jury’s verdict “tainted.”
“Dismissing the case was not an easy decision, but it was the right decision,” Breuer said in his prepared remarks. “Under our system of justice, the question was not whether Senator Stevens was in fact guilty; the question was whether he had been fairly convicted under our Constitution and the rules of criminal procedure.”
The Justice Department, Breuer said, is “committed to a fair and transparent process” that protects the rights of defendants. “Going forward, the Department will be re-training its prosecutors on our discovery obligations under the rules of criminal procedure and the Constitution,” Breuer said his remarks. “And we will work tirelessly to ensure that our prosecutors continue to adhere to the highest standards of ethics and fair play.”
The Stevens case was the only identified prosecution singled out in the remarks. Breuer also spoke about the department’s position that sentencing disparities between crack and powder cocaine should be eliminated.
“This is not necessarily the most popular position with law enforcement,” Breuer said. “But, it’s the right decision because it will help ensure that the public trusts and cooperates with law enforcement, and views the system as fair for all.”
The Justice Department is a member of the International Association of Prosecutors, which is based in the Netherlands. Members include prosecutors and organizations with whom the Justice Department works through mutual legal assistance treaties and through the department's International Criminal Investigative Training Assistance Program, among other programs.
For a copy of Breuer's remarks, click here.
Ted Stevens verdict may have been `Tainted' by Prosecution Failures, but that fails to explain why Stevens was not re-prosecuted in a proper manner. By most accounts, a new and proper conviction was entirely within the realm of feasibility. There was an abundance of evidence against Stevens, which seriously undermined any evidence to the contrary. The evidence is unmistakable as to the illegal benefits Stevens received. The central issue was whether Stevens 'knew' or "should have known" about those benefits. Stephens himself was heard to admit knowledge of the benefits, although he also was heard to deny such knowledge. The botched prosecution should NOT have precluded re-prosecution.
Posted by: G. Bruce | September 10, 2009 at 05:59 PM
They should also comply with the new ABA Formal Opinion 09-454 July 8, 2009, titled, Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense, which outlines obligations under Rule 3.8(d) of the Model Rules of Professional Conduct.
Posted by: Mike McCartney | September 10, 2009 at 02:39 PM