The corruption trial of that nasty, selfish Alaskan Senator, Ted Stevens, took a fascinating turn.  For those who haven’t been following Slater’s updates at the WSJ Law Blog, the trial turned into a bit of a feces storm when a construction foreman, Rocky Williams, contacted the defense lawyers to let them in on a little secret that the government neglected to mention.

Defense lawyers say Williams contacted them over the weekend and provided them with significant evidence that undermines the government’s case. Defense lawyers said Williams told them he spent much less time working on Stevens’s home than Veco’s accounting records indicate. That evidence, they said, “gravely undercuts” the government’s argument that Veco spent $188,000 of its own money on Stevens’s house.

As we are all painfully aware, government lawyers would never withhold Brady material from the defense.  Unless they thought they could get away with it.  The judge, Emmet G. Sullivan, was not amused.

“I’m peeved about that,” Judge Sullivan said. “What gives the government the authority to do that?”

Peeved?  Is that “peeved” as in I’m going to do something about it, or “peeved” as in I’m really annoyed and will feel terrible about it when I sentence him.

In light of the developments, Stevens’s lawyers have asked Judge Sullivan to declare a mistrial or dismiss all charges. Judge Sullivan said he was “not inclined at this point” to take either action, but he indicated that he will recall witnesses who already testified and let Stevens’s lawyers question them again.

Oh, “peeved” as in I’m going to give everyone a do-over.  But there’s a problem, because Rocky Williams is no longer in the building.

Williams had been in Washington, D.C., preparing to testify, but prosecutors sent him to back to Alaska last Thursday, saying they no longer needed his testimony. Prosecutors didn’t alert the defense or Judge Sullivan that Williams was leaving town. Judge Sullivan said he was “flabbergasted” by the government’s actions.

So what does the government have to say about it’s actions?  Slater’s follow-up post explains it all:

[A]ccording to the government’s memorandum in opposition to the request for a mistrial. Williams, they say, was too sick to testify. From the government’s papers:

True to form, defense counsel continues with their “win at all cost” tactics. . .This time, defendant has gone too far, accusing the government of Brady violations and of proffering misleading evidence at trial. Nothing could be further from the truth . . .At the time when Mr. Williams was subpoenaed, the government anticipated that he would be one of the first witnesses in the government’s case-in-chief. However, when Mr. Williams arrived in Washington, D.C. and met with government counsel to prepare for his testimony, it was apparent to counsel that Mr. Williams had serious, health-related issues that warranted medical attention. . .Mr. Williams had lost a substantial amount of weight, his abdomen was distended (and had been previously drained of excess fluid), he appeared jaundiced, his face was gaunt, he had substantially aged, he had chronic coughing spells, and he was frequently short of breath. . . The government informed Mr. Williams that he should return to Alaska to attend to his health and to meet with his doctors.

I am deeply touched by the government’s concern for Rocky William’s health.  Imagine how badly the prosecutors felt when they had to deny the defense the opportunity to examine Williams and explore the government’s misconduct due to his deteriorating condition.

And who wouldn’t be impressed by the government’s attack on the defense for their “win at all costs”tactics (or is it strategy?) of wanting to produce exculpatory evidence before the jury?  This is a very sick man!  The government says so, and yet the defense cares only about itself.  Bad defense lawyers.  Bad. Bad.

I’m sorry if you detect an undercurrent of glee in all these shenanigans, but the fact that it’s Senator Ted Stevens, the longest serving Republican in the Senate, certainly adds a level of irony, if not delight, to these proceedings.  Does he look back at his tenure as United States Attorney fondly these days?

It remains to be seen what Judge Sullivan plans to do about this mess.  The government’s point that the value of the services isn’t itself a critical issue, provided the amount still fits within the guidelines, has some validity, but the defense’s argument, that this reflects deception and over-reaching, which would entitle the jury to reject the claims in their entirety, not merely lower their estimate of valuation, similarly has merit.

What’s always amazing is how the government never has any Brady, until they get nailed for concealing it.  Now it’s up to the judge to decide whether to do something about this or sweep it under the rug.  Will it be a mistrial, with a double jeopardy motion in the wings, or a mulligan?  We’ll see.