The Washington lawyer who led the criminal investigation of the Ted Stevens prosecution team continued today advocating for a change in how the U.S. Justice Department approaches its obligations to turn over favorable information to defense attorneys.
Henry "Hank" Schuelke III appeared for the second time on Capitol Hill to address his lengthy examination of the missteps in the Stevens case, which was dismissed in April 2009 amid allegations of government misconduct. Schuelke defended his report shortly before an attorney for a Stevens prosecutor attacked the propriety of the probe.
Schuelke, of Washington's Janis, Schuelke & Wechsler, expressed support for the elimination of the "materiality" requirement in criminal discovery--the notion that prosecutors can cling to information the government determines is not beneficial, or material, to the defense theory of a case.
"Human nature is such that good people, motivated by this adversarial desire to prevail, make those kinds of judgments," Schuelke said. "They should not."