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Published: September 30, 2008
WASHINGTON - A federal judge scolded prosecutors Monday for sending a potentially important witness in the trial of Sen. Ted Stevens back to Alaska, a move that defense lawyers asserted was intended to hide exculpatory evidence.
"The government is treading in some very shallow water," U.S. District Judge Emmet Sullivan told prosecutors from the Justice Department's Office of Public Integrity. "I am just flabbergasted."
Stevens, one of the most powerful Republicans in the Senate, is on trial in Washington on charges that he lied on financial disclosure forms to hide accepting $250,000 in gifts and extensive renovations to his home in Girdwood, near Anchorage. Prosecutors allege that a large part of the renovations and many of the gifts were financed or overseen by Veco, a now-defunct oil services company.
Reacting to a defense motion to throw out the case, Sullivan said he was distressed to learn that prosecutors had allowed Robert "Rocky" Williams, a former Veco employee, to return to Alaska last week even though he had been subpoenaed to testify. Williams' name has come up during testimony by construction workers and a bookkeeper who have said Williams worked or supervised others at Stevens' home in 2000 and 2001.
Sullivan rejected the defense request but asked both sides to submit court papers arguing whether he should sanction prosecutors.
The Justice Department lawyers apologized for sending Williams home without alerting defense attorneys or the judge. They did not disclose why Williams returned to Alaska but alluded to personal or health problems. They said they no longer thought they needed him to prove the case.
Stevens' attorneys argued that prosecutors acted when they discovered that they were not happy with his testimony. They alleged that prosecutors were withholding exculpatory evidence about Williams' work for Veco and at Stevens' home that Williams provided to investigators. The defense lawyers said they learned about the evidentiary problems when they spoke to Williams by telephone Sunday.
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