Judge rejects mistrial in Stevens case

WASHINGTON, Oct. 2 (UPI) -- The judge in the corruption trial of Sen. Ted Stevens, R-Alaska, Thursday rejected a defense request for a mistrial because of prosecutorial misconduct.

U.S. District Judge Emmet Sullivan has said he would consider declaring a mistrial, after learning Justice Department lawyers waited until just before midnight Wednesday to disclose evidence to the defense. The evidence consisted of FBI notes discussing Stevens' intent to pay for gifts that are at the core of the prosecution's case, The Hill, a Washington publication, reported.

"Why shouldn't I dismiss the indictment?" Sullivan said.

The jury was dismissed for the day while the judge considered arguments from both sides.

"It's very troubling," the judge said. "If it wasn't deliberate, it was gross negligence."

Stevens' attorney, Brendan Sullivan, said in court Thursday he had never seen such ineptitude on the part of government prosecutors, The New York Times reported.

"The integrity of this process has been breached," he said.

Lead prosecutor Brenda Morris acknowledged the mistake was serious, but she argued that it did not "make the defense case or the government's case any worse," the Times said.

Stevens, the longest-serving Republican in the U.S. Senate, has pleaded innocent to seven felony counts of failing to disclose more than $250,000 in gifts and home renovations on Senate financial disclosure forms. He is seeking re-election in November.

The defense said the notes indicated a key prosecution witness -- Alaska oil services player Bill Allen -- believed Stevens would have paid for the renovations Allen's company made to Stevens' home if the lawmaker were given a bill. Stevens' attorneys say the senator paid every bill he was given and would have paid more if he received more bills.