Stevens Again Seeks Dismissal

Posted January 26, 2009 at 5:04pm

Former Sen. Ted Stevens (R-Alaska) filed another motion today for his charges to be dismissed, saying that the government lied and cheated its way to an indictment in a case of “prosecution by any means necessary.”

Stevens’ claims of government misconduct include withholding exculpatory evidence, “scheming to keep an important witness away from the defense” and fostering an inappropriate relationship with a key witness.

These arguments are tied largely to a complaint filed late last year by FBI agent Chad Joy, who had worked on the Stevens case. Joy cited several instances of inappropriate conduct, some of which was tied to a colleague, FBI agent Mary Beth Kepner.

Stevens’ motion alleges that Kepner may have maintained a sexual relationship with Bill Allen, the government’s star witness. The defense also raised the possibility “that Agent Kepner revealed confidential information to Allen, and may even have disclosed the existence of other investigations of Allen’s criminal conduct.”

Stevens was convicted in October of seven counts of filing false financial statements to cover up gifts received from Allen and his now-defunct oil services company.

Joy said in his complaint that Kepner may also have “‘accepted multiple things of value’ from potential witnesses including artwork and employment for her husband.”

The Stevens team pointed to the “mind-boggling violations of the government’s obligation to turn over information helpful to the defense,” and remarked on the “stunning” parallel between Kepner’s alleged behavior and the accusation that Stevens “received artwork and employment for relatives.”

Other accusations against the government include intentional redaction of information helpful to the defense, scheming to keep a witness away from the defense, and withholding relevant discovery and “ambushing” the defense with the information during Stevens’ trial.

In light of this, Stevens has called for the charges to be dropped, or at minimum that a new trial be held, with discovery and an evidentiary hearing. Stevens has filed more than half a dozen motions to dismiss the case, none of which has prevailed.