http://www.reuters.com/article/2012/05/24/us-usa-crime-stevens-
idUSBRE84N1PF20120524
(Reuters) - Two U.S. prosecutors in the corruption case of the late Alaska
Senator Ted Stevens face suspensions without pay for engaging in reckless
professional misconduct by failing to disclose evidence that could have
helped him, the Justice Department said on Thursday.
A report by the Justice Department's Office of Professional
Responsibility, an internal ethics office, concluded the prosecutors in
several instances failed to disclose the evidence to the defense in
violation of their obligations, but their actions had not been
intentional.
One prosecutor, Joseph Bottini, faces a 40-day suspension without pay
while the other one, James Goeke, faces a 15-day suspension without pay,
Assistant Attorney General Ronald Weich said in a letter to Congress
summarizing the findings.
It marked the latest embarrassing disclosure for the Justice Department
over its botched handling of the Stevens case.
A separate report released in March by a court-appointed independent
investigator concluded prosecutors withheld and concealed information from
defense lawyers that included witness statements, key details that could
have undermined prosecutors' star witnesses and allowed false testimony to
be presented during the 2008 trial.
That report criticized the Justice Department's failure to properly
supervise the trial team and said prosecutors covered up information that
their chief witness, Bill Allen, had a sexual relationship with a 15-year-
old prostitute.
CASE DISMISSED
Stevens, who died in a plane crash in 2010 and had been the longest-
serving Republican senator in U.S. history, was charged in 2008 with seven
counts of lying on a Senate disclosure form to conceal $250,000 in gifts -
primarily the improvements to his Alaska home - from an Alaska oil
executive and other friends.
He was convicted days before the 2008 election and lost his bid for re-
election, helping Democrats expand their hold in the Senate.
The judge in the case in 2009 overturned the conviction because
prosecutors had failed to turn over evidence, as required under law, that
could have exonerated Stevens.
U.S. Attorney General Eric Holder, weeks after taking office in 2009, had
the case dismissed.
The Office of Professional Investigation opened an inquiry into
prosecutorial misconduct and completed a 672-page report last year. The
findings were released on Thursday.
Weich said the report did not find misconduct by other prosecutors and did
not find they used poor judgment, with one exception. He did not
elaborate. One prosecutor in the case, Nicholas Marsh, committed suicide
in September 2010 while the investigations were pending.
The report concluded a supervisor in the Justice Department's public
integrity section used poor judgment by failing to supervise certain
aspects of the evidence disclosure process.
Senator Patrick Leahy, a Vermont Democrat who chairs the judiciary
committee, said he planned to hold a June 6 hearing to learn the steps the
Justice Department is taking to make sure what happened in the Stevens
case does not happen again.
Senator Chuck Grassley of Iowa, the committee's top Republican, said the
hearing was appropriate. "If the Justice Department isn't getting a big
case such as this right, it begs the question of what is happening in
courts across the country every day," he said.
The Justice Department decided not to recommend dismissal of the two
prosecutors, partly because they did not act intentionally, they both had
excellent past work records and had no prior disciplinary measures against
them.
--
Obama's black racist USAG appointee.
Eric Holder, racist black United States Attorney General drops voter
intimidation charges against the Black Panthers, "You are about to be
ruled by the black man, cracker!"
Eric Holder, prejudiced black United States Attorney General settles the
hate crime debate, "Whites Not Protected by Hate Crime Laws."
Nancy Pelosi, Democrat criminal, accessory before and after the fact, to
former House Ways and Means Committee Chairman Charles B. Rangel of New
York's million dollar tax evasion.
Barack Obama and Eric Holder, committed treason by knowingly and
deliberately arming enemies of the United States of America through
Operation Fast and Furious. Complicit in the murder of Federal employees
during the execution of their duties.
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