Thursday, October 02, 2008

Sen Ted Stevens Trial heading to mistrial?

Expect a mistrial in the criminal case of Sen. Ted Stevens.

Prosecutors withheld - inadvertently, they insist -- until late Wednesday night an FBI report of an interview with prosecution star witness Bill Allen in which he told the FBI he believed Stevens would have paid for the home renovations had he gotten a bill for them. The disclosure was made in the middle of Allen's testimony.

The prosecution can argue that the disclosure was made prior to defenses cross-examination of the witness and thus was a harmless mistake but this is pretty weak.

I think anything short of a mistrial would be reversible error, and it would not surprise me if the judge dismissed the indictment completely.

The prosecution was under order from the court to disclose all evidence weeks before trial and prosecutorial misconduct -- even in the Bush era -- is still a big deal.

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