“In nearly 25 years on the bench, I have never seen anything approaching the mishandling and misconduct that I have seen in this case,” Sullivan said. “Again and again, both before and during the trial in this case, the government was caught making false representations and not meeting its discovery obligations.”
No objection from my end. It was clear from the start that this prosecution team was the gang that couldn't shoot straight, and I'm as pissed as anyone given that it cost the United States the conviction of a man who I remain convinced is guilty of corruption. The only thing I find unfortunate is that I doubt this precedent will extend to cases of prosecutorial misconduct in situations where the defendant is not politically well-connected. Ted Stevens deserves justice and a fair trial just as much as any other accused criminal, but I worry the upshot of this move will not be to increase fairness but persuade DOJ attorneys to focus their shenanigans on defendants who don't have the pull to fight back.
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As a public defender, I have witnessed several instances where prosecutors did not turn over exculpatory evidence, but not once has any client of mine gotten a walk as a result. I've certainly never known the prosecution to ask for the case to be dismissed. Clearly my clients lack the influence Ted Stevens has.
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