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 News - October 22      Jury Convenes

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Amid Deliberations, Juror Is Dismissed in Senator’s Trial
New York Times, United States
By AP WASHINGTON (AP) — A federal judge on Sunday dismissed one of the jurors in the trial of Senator Ted Stevens after losing contact with her after her ...
Future Of Stevens' Trial Subject Of Hearing WISN.com
Jury Deliberations In Stevens' Trial Will Resume Monday Morning CBS News
Judge dismisses juror in Sen. Stevens case The Associated Press
KTUU - The Associated Press
all 364 news articles »

http://www.nytimes.com/2008/10/27/washington/27stevens.html

October 27, 2008

Amid Deliberations, Juror Is Dismissed in Senator’s Trial

WASHINGTON (AP) — A federal judge on Sunday dismissed one of the jurors in the trial of Senator Ted Stevens after losing contact with her after her father’s death.

Judge Emmet G. Sullivan of Federal District Court plans to seat an alternate juror on Monday morning and to order the jury to start their deliberations from the beginning. The move was a setback to Mr. Stevens, Republican of Alaska, who is trying to hold onto his seat and wanted a verdict before Election Day.

“I think we’ve been more than reasonable,” said Judge Sullivan, adding that court officials had not spoken with the juror since Friday despite repeated efforts to contact her.

Mr. Stevens, who has been in the Senate since 1968 and is now its longest-serving Republican, is charged with lying on Senate financial disclosure documents to conceal $250,000 in home renovations and other gifts from a friend, Bill Allen, a millionaire oil contractor. Mr. Stevens has maintained his innocence.

A defense lawyer, Robert Cary, had asked Judge Sullivan to delay his decision until noon Monday in case there was a reason the juror had not contacted the court. “She may be on her way back,” Mr. Cary said.

But Judge Sullivan said court officials had repeatedly tried to contact the juror. “She has, for whatever reason, chosen not to communicate further with the court,” he said.

The judge also dismissed suggestions that deliberations should continue with 11 jurors, saying, “They haven’t been deliberating that long.”

The case has been beset by problems since it went to the jury of eight women and four men on Wednesday. Within hours, jurors asked to go home, sending a note to the judge saying things had become “stressful.” 

http://www.cbsnews.com/stories/2008/10/26/politics/politico/thecrypt/main4546569.shtml

Jury Deliberations In Stevens' Trial Will Resume Monday Morning (Oct 27)

By John Bresnahan

(The Politico) Judge Emmet Sullivan dismissed a juror Sunday in the corruption trial of in Sen. Ted Stevens (R-Alaska) and appointed an alternate juror, ordering deliberations to begin again on Monday morning.

The dismissed juror was allowed to leave Washington after her father's death, but court officials have not been able to get in touch with her since she left town. In an unusual Sunday night session, Sullivan said there was no choice but to appoint an alternate juror, which means deliberations on Stevens' fate will restart from the beginning.

"'I think we've been more than reasonable,' said Sullivan, who said court officials had not spoken with the juror since Friday despite repeated attempts to contact her," the Associated Press reported.

Stevens' lawyers asked Sullivan to delay his ruling on whether to dismiss the juror until Monday, but Sullivan, who has kept the high-profile trial moving at a brisk pace, refused to do so.

The alternate juror had already been interviewed by prosecutors and defense attorneys on Friday, when the trial was suspended, and was cleared to serve on the jury. Four alternate jurors sat in on the monthlong trial to be prepared to substitute for any jurors if needed.




More problems arise over Stevens jury

MCCLATCHY NEWSPAPERS


After sitting through a four-week trial, the jury in Sen. Ted Stevens' corruption case had a near meltdown Thursday following just two days of deliberations.

First, 11 jurors sought to boot the 12th from the panel after they complained that she had been "rude, disrespectful and unreasonable" and had engaged in "violent outbursts."   Then, after U.S. District Judge Emmet Sullivan had resolved the problem and jurors went home for the day, he had to call an emergency hearing at 6:30 p.m. because a second juror learned that a relative was so sick or near death that she might have to leave the trial and go to Texas.

There's little indication the problems on the jury have anything to do with the actual deliberations in the case, which involve determining whether Stevens is guilty of making false statements on his Senate financial-disclosure forms.

However, they could have an effect on the makeup of the jury and therefore the trial's outcome. Judge Sullivan asked for lawyers on both sides of the case to offer up their preference by 9 a.m. Friday.   They have two options if the juror with a sick relative can't return to the trial: bring in one of the alternate jurors who has already been dismissed or proceed with just 11 jurors.

It's unclear what preference either side has, because Stevens' lawyers asked for and received a private bench conference with Sullivan to discuss the matter.  However, the 11-member jury option emerged after their second private bench conference, which was held over the objection of reporters attending the hearing.

The jury problems began midday Thursday, when jurors passed Sullivan four notes, including one about the combative juror in question. The juror, No. 9, works for the National Guard as a bookkeeper.

Out of the jury's presence, Sullivan read from the note the foreman had sent him, which began, "We the jury request that juror No. 9 be removed from the jury."

"She is being rude, disrespectful and unreasonable," the foreman wrote. "She has had violent outbursts with other jurors and that's not helping anyone. The jurors are getting off-course. She's not following the laws and rules that are being stipulated to in the main instructions."

The unusually needy jurors have taken center stage in a trial that's had its share of drama simply because of the defendant's renown. At one point, the trial threatened to fall apart entirely when Stevens' legal team filed a motion seeking a mistrial because prosecutors had failed to hand over evidence that could have helped the Alaska Republican's defense.

The jurors apparently worked out their problems by Thursday afternoon, although for the second day in a row they asked to go home a little early.   They sent the judge a final note saying, "We have given the evidence consideration and have exhausted ourselves for this day." In a bit of jury humor, they added that they were "unanimous in requesting a break" and fully intended to resume their deliberations Friday.

Sullivan said out of the jury's presence Thursday that he thought about asking the foreman to explain to the court what he meant by "violent" in the note, because the judge was concerned about the jurors' safety.   Instead, he called the whole jury to the courtroom so that he could remind the members of their obligation to be civil to one another and foster an atmosphere of  "mutual respect."

Once in the courtroom, the judge greeted the jurors, said he was happy to see them all smiling and told them that he was sympathetic to the amount of time they'd already devoted to the case. They sat through the testimony of 52 witnesses over nearly four weeks, capped by three days of Stevens on the stand.

"It's been a long trial," Sullivan said. "We started selection the 22nd of September. We've been together a long time."

He also told the jurors that he wished he could give them all black robes because "you folks are the judges of the facts. It's not my job. Your job is to consider all the evidence, all the testimony."

Sullivan told the lawyers after the jury left the courtroom that he'd watched the foreman carefully and thought that he and the other jurors had received his message to be courteous to one another.

"His response to my instruction was appropriate," Sullivan said. "He wasn't shaking his head as if to disagree. He didn't show any emotion one way or the other. It may well be that the court's response is the only response necessary. Only time will tell."

The jurors also had asked earlier for page 20 of Stevens' indictment, which inadvertently had been left out of the evidence and exhibits they were given for their deliberations.

They also wanted a better explanation of "liabilities" and the limit that the senator should have disclosed each year on his forms. The charges against Stevens accuse him of failing to report gifts as well as liabilities, which are debts or obligations that he might have incurred by accepting a gift and not reporting it. The judge declined to do so.

(Mauer reports for the Anchorage Daily News. Lisa Campo of the McClatchy-Tribune News Service contributed to this report.)

http://www.miamiherald.com/news/politics/AP/story/738959.html

No Verdict Today In Stevens' Corruption Trial


By John Bresnahan              Oct 22, 2008

(The Politico) 
The jury in Sen. Ted Stevens' (R-Alaska) corruption trial has adjourned for the day after just over four hours of deliberation, meaning the veteran Senate Republican will have to wait until at least tomorrow to find out his fate.

Stevens has been charged with seven federal corruption counts for failing to report more than $250,000 in improper gifts. After a nearly month-long trial, the jury began its deliberations today. Judge Emmet Sullivan read the jurors an 81-page list of instructions they had to follow during their deliberations, and they went into seclusion at around noon.

At 4:15 p.m., the jurors sent Judge Sullivan a note, which he then read to the audience: "Can we leave a little early today? It's kind of stressful right now. We need a minute of clarity."

Sullivan then called the jury in and dismissed them for the night, meaning they will return at 9:30 Thursday morning to begin again.

Stevens was in the courtroom for all of today's session, and showed no emotion when Sullivan sent the jury home.

 http://www.cbsnews.com/stories/2008/10/22/politics/politico/thecrypt/main4539668.shtml
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 OCTOBER 22, 2008

WALL STREET JOURNAL: Senator's Corruption Case Goes to Jury


WASHINGTON -- Jurors in the corruption trial of Alaska Sen. Ted Stevens are expected to begin deliberations Wednesday over whether the longest-serving Republican senator -- who has overseen billions of dollars in federal spending -- could have known so little about the renovation of his home and who was paying for it.

The outcome of the case could affect the balance of the Senate, since Sen. Stevens is in a re-election fight for a seat that typically would be in safe Republican hands.

The federal government charges that the 84-year-old Republican accepted and concealed more than $250,000 worth of free home renovations and gifts from Bill Allen, the head of Veco Corp., a now-defunct oil-services company, and other friends.

Prosecutors argued that Sen. Stevens willfully chose not to report the alleged gifts on Senate financial disclosure forms.

"Ted Stevens knew that his friends would give, and he was perfectly willing to receive," prosecutor Joseph Bottini told the jury in his closing argument Tuesday.

Lawyers for the 40-year senator retorted that the government was selling wild conspiracy theories that twisted innocent actions.   The government's evidence "is so far from real life that it should make you sick," defense lawyer Brendan Sullivan told jurors.

Sen. Stevens said he paid every bill he received for the renovation and that other alleged gifts weren't gifts at all.

The case is the first criminal trial of a sitting U.S. senator in 27 years.

Prosecutors got off to a shaky start in the trial. Their long-awaited wiretapped phone calls between Sen. Stevens and Mr. Allen, played in open court, contained no smoking-gun evidence. U.S. District Court Judge Emmet G. Sullivan repeatedly chastised the government for withholding information favorable to the defense and introducing other evidence that it knew to be false.

The senator's testimony was the most dramatic -- and puzzling -- of the trial. He said Veco played no role in the extensive renovation of his once-modest A-frame Alaska cabin, which now has a new first floor, a wraparound deck and other amenities.

Mr. Allen, Sen. Stevens said, was a trusted friend who was supposed to find workers for the project and keep an eye on things, nothing more.

Yet under a barrage of questions from prosecutors, Sen. Stevens acknowledged that multiple Veco builders spent time on the renovation, while a Veco engineer drew up the architectural plans. Sen. Stevens and his wife, Catherine, testified that they asked to be billed for everything and had no idea that Mr. Allen hadn't passed along tens of thousands of dollars of project costs.

"I can't pay a bill until I get it," Sen. Stevens said.

Prosecutors professed astonishment that Sen. Stevens and his wife, both lawyers, allowed the renovation to proceed without written contracts, estimates or checks on the workers.

Sen. Stevens said it was "the Alaska way" of doing business. He also struggled to explain other gifts, including a gas grill and a $2,700 Brookstone massage chair he received from a friend. The chair was just a loan, he said.

The problem for Sen. Stevens: Years after he got it, the chair is still in his home.

Write to Brent Kendall at brent.kendall @ dowjones.com

http://online.wsj.com/article/SB122459576217153889.html

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 THEHILL.COM

Sen. Stevens’s fate now rests in jury’s hands
Posted: 10/21/08 07:56 PM [ET]

The corruption case against Sen. Ted Stevens may turn on a single question of who was telling the truth: the Alaska Republican or his former friend, now the government’s key witness.

When they begin their deliberations Wednesday, jurors will weigh the credibility of Alaska’s political icon versus that of Bill Allen, the former head of the Veco Corp. oil-services firm who has admitted to bribing Alaska state lawmakers.

/div>In closing arguments on Tuesday, each man’s credibility came under a sustained attack from opposing lawyers.

About a dozen times, prosecutor Joseph Bottini called Stevens’s explanation about why he failed to disclose gifts “nonsense,” and went as far as to call part of the powerful senator’s sworn testimony “ridiculous.”

Brendan Sullivan, Stevens’s defense attorney, dismissed one statement by Allen as “an outright lie,” even calling the former oil-industry executive a “bum” at one point.

Stevens, 84, the longest-serving Republican in the Senate, has pleaded not guilty to charges of lying on his financial disclosure forms about more than $250,000 in gifts and home renovations, largely from Allen.

Stevens says Allen was an overzealous contractor who concealed costs for renovations the senator and his wife, Catherine, didn’t request while they were 3,300 miles away in Washington. The couple testified that the $160,000 they paid another contractor was intended to cover all costs, and the senator says his wife was in charge of the project.

The case will be sent to the jury just 13 days before the senator faces the toughest reelection of his career on Nov. 4 against Anchorage Mayor Mark Begich (D).

Senior GOP strategists say Stevens’s political career rests on the verdict.

“It’s all about what happens in the trial,” Sen. John Ensign (R-Nev.), head of the National Republican Senatorial Committee, said Wednesday. “If he is found innocent, he’ll win. If not, it doesn’t matter what happens in the election.”

In his closing argument, Bottini sought to bolster Allen’s credibility. He acknowledged that Allen, 71, who pleaded guilty to bribing state legislators and is now cooperating with the government, is “a little rough around the edges.”

But he added: “What you see is what you get with this guy.

“Allen was rich, Bill Allen was wealthy, Bill Allen was generous. ... And Sen. Stevens knew that,” Bottini said before playing a phone call secretly taped by the FBI in 2006 in which a friend says Stevens “gets hysterical” when he spends his money.

Allen said he gave Stevens the gifts because he “liked Ted.”

Bottini tried to show that if Allen were manufacturing his story to please the government, then “why did he say he wasn’t trying to bribe the defendant?”

Brenda Morris, giving the second part of the government’s closing argument Tuesday, said Stevens was “sputtering and stuttering” when he tried to explain the renovations paid for by Allen, including the construction of two brand-new decks, a balcony, new electrical wiring, a Viking gas grill and expensive Christmas lights. She said: “Anyone and everyone is to blame but Ted Stevens.”

Stevens “did not want to be known as the senator with the house that Veco built,” Morris said.

The government tried to poke holes in Stevens’s defense by saying that, if he wanted Allen to stop giving him gifts, he should have taken away his key to the couple’s home.

 Does anyone believe that the defendant can’t really get Bill Allen to remove this stuff from his house?” Bottini said. “Does anyone believe he can’t keep this guy from giving him free stuff?”

Bottini went through the laundry list of gifts Stevens received, including a $2,700 Brookstone massage chair purchased by a friend, Bob Persons, for Stevens’s Washington home in 2001. Stevens testified that the chair was a loan, even though it still sits in his home.

“What was the term of that loan?” Bottini said. “Zero percent interest for seven years?”

In response, Sullivan pointed to Persons’s testimony that he wanted to give the chair to Stevens as a gift, but the senator said he could not accept gifts.

He also spent much of his argument disputing Allen’s testimony that Persons said the senator was “just covering his ass” when he asked for a bill in a 2002 note. In that note, the senator asked Allen for bills because, he said, he wanted to comply with the Senate’s strict ethics rules, which Sullivan said spoke to Stevens’s intention to pay for all bills.

“We’re trying to convict an innocent man in this courtroom on an interpretation of evidence that is so far from real life that it should make you sick,” Sullivan said.

Sullivan said Allen had a “motive to lie” so he could curry favor with the government in exchange for a lighter jail sentence and for immunity for his company and family.

“We’re looking at Bill Allen as though he’s the bum that he turned out to be,” Sullivan said, pacing across the courtroom and waving his arms.

Sullivan asked the jurors to strongly consider the testimony of five character witnesses, including retired Gen. Colin Powell and Sens. Daniel Inouye (D-Hawaii) and Orrin Hatch (R-Utah), who vouched for Stevens’s honesty.

“Do you want to believe them, or do you want to believe Bill Allen?” Sullivan said.

“I would submit to you that the defendant is not going to commit crime with the likes of Colin Powell,” Morris later argued, in telling the jury to “stand up” to the “growling” Stevens.

“Those witnesses see the public Ted Stevens, not the private Ted Stevens. … I would submit to you, ladies and gentleman, you have been submitted to the real Ted Stevens,” Morris said.

Emily Goodin contributed to this article.


http://thehill.com/leading-the-news/sen.-stevenss-fate-now-rests-in-jurys-hands-2008-10-21.html
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Sen. John Ensign, R-Nev., chairman of the National Republican Senatorial Committee, said the outcomes of the election and the trial are linked.

"If the trial comes to a conclusion and, as he believes, that he is found innocent, I think that he will win that election up there," Ensign said Tuesday. "If it goes the other way, obviously it really won't matter what happens in the election."

Stevens has seen his reputation tarnished during the monthlong trial. He was pilloried during closing arguments Tuesday as prosecutors mocked him as crooked and two-faced and urged jurors to stand up to the powerful Republican.

"This case has been a long time coming," prosecutor Brenda Morris said. "This trial has exposed the truth about one of the longest-sitting senators."

Stevens argues that he paid every home improvement bill he received and says he had no obligation to report the toolbox, massage chair, gas grill, furniture rope lighting and other items because he didn't ask for them or didn't consider them gifts.

Defense attorney Brendan Sullivan urged jurors to question why Stevens, after a World War II record and 40 years of dedicated Senate service, would decide in his elderly years to become corrupt.

"Without sufficient evidence, the government comes here late in the night of a good man's life and tries to brand him a criminal," Sullivan said. 
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