Stevens Wants To Show Witness’ Convictions During Trial

4 Sep 2008 // At the same time Alaska Senator Ted Stevens is trying to get charges against him thrown out, he is making the case that he should be able to describe criminal convictions against two prosecution witnesses if his trial occurs as scheduled Sept. 24.

Government lawyers have opposed the requests, as legal jousting continued Tuesday with the filing of 10 motions from both sides.

Stevens, the longest-serving Republican in the Senate, is charged with failing to include on financial-disclosure forms spanning seven years a total of $250,000 in gifts. The gifts were mostly improvements to his Girdwood home, and to his children and grandchildren, from VECO Corp., and its former chief, Bill Allen.

Defense lawyers led by Brendan V. Sullivan argue that the charges should be dismissed for a variety of technical reasons such as that the executive branch is barred by the Constitution from enforcing Senate rules. He also argues that the government is unfairly trying to allege bribery, in a case nominally about filing disclosure reports.

“By this device, the government would magically transform innuendo into evidence,” the defense lawyers argued. “The government obviously wishes to import the stench of bribery prosecution into a case that is nothing of the sort.”

But prosecutors led by William M. Welch II argued that “bad acts” that don’t yield charges can still be used to describe criminal acts.

“Stevens is correct that the Senate Financial Disclosure Forms do not require a member to disclose benefits that flow to an independent child or a grandchild,” the prosecutors wrote. “However, Stevens is charged in Count 1 with engaging in a scheme to conceal benefits.”

Stevens also sought to tell jurors about criminal convictions against two witnesses that government lawyers oppose as too old and minor to warrant attention.

One unnamed witness had a 1999 conviction for driving while intoxicated, a 1985 conviction for manslaughter and a 1986 conviction for failure to assist.

Another witness had a 1987 conviction for failing to provide information and a 2005 conviction for reckless driving.

District Court Judge Emmet G. Sullivan, who set jury selection for Sept. 22, must still rule on the motions.