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Court won't delay Stevens report

March 14, 2012 at 2:33 PM

WASHINGTON, March 14 (UPI) -- A U.S. appeals court in Washington Wednesday refused to delay a report on alleged prosecutorial misconduct against the late Sen. Ted Stevens.

Politico said the rejection of the stay request, which was filed under seal by an unnamed prosecutor, means the 500-page report probably will be released Thursday.

The three-judge appeals court panel rejected a stay, but did not issue an opinion.

Last month in Washington, U.S. District Judge Emmet Sullivan issued an order that the report from court-appointed prosecutor Henry Schuelke should be released Thursday.

Sullivan presided over Stevens' corruption trial, but assigned Schuelke to investigate alleged misconduct after the U.S. Justice Department asked him to throw out Stevens' conviction and dismiss the case. U.S. Attorney General Eric Holder said there was a failure by U.S. prosecutors to share evidence with the defense.

Schuelke did not recommend criminal contempt charges against U.S. prosecutors involved. But Sullivan said the public should see the report on the alleged misconduct, Politico reported. The judge has agreed to publish prosecutor responses to the allegations as well.

Stevens, R-Alaska, died in a 2010 plane crash.

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