CQ TODAY ONLINE NEWS
– LEGAL AFFAIRS
Sept. 18, 2008 – 12:07 p.m.
Sen. Stevens Wins Ruling on Subpoena
By Kathleen Hunter, CQ Staff
A federal judge in Washington, D.C., on Thursday granted Sen. Ted Stevens ’ request to allow his defense team to subpoena certain medical records of a key government witness, former VECO Corp., CEO Bill Allen.
The defense wants an independent review to assess whether brain injuries that Allen sustained in a 2001 motorcycle accident could have affected his memory. Stevens, R-Alaska, is slated to stand trial starting Sept. 24 on seven felony charges of making false statements on his Senate financial disclosure forms over a period of years.Jury selection begins Monday.
Stevens is accused of accepting gifts from Allen that he did not disclose. Allen was a key witness for the Justice Department in two other Alaska corruption cases last fall.
In both cases, prosecutors began their direct examination of Allen by asking him to recount his 2001 Harley-Davidson accident. Allen, who was not wearing a helmet and hit his head on the pavement, testified at both trials that the resulting brain injury he sustained did not impair his memory — just his speech.
Defense lawyers want their own experts to review the medical records prior to Allen’s testimony at Stevens’ trial.
U.S. District Court Judge Emmet G. Sullivan granted the defense request to order a subpoena of the records related to the accident, but said a further court order would be needed before any records or expert testimony could be admitted at trial.
On Thursday, Sullivan also rejected a defense bid to exclude evidence regarding a 2001 Florida real estate transaction and gifts that Stevens received for his children and grandchildren,
The judge also heard arguments from lawyers about whether to allow certain exhibits to be entered into the record at trail. For the most part, Sullivan said he was inclined to make case-by-case determinations as the trial proceeds.
“I’m not ruling on each and every and all objections to every exhibit,” Sullivan said.
Among the exhibits that the defense is seeking to exclude is evidence related to a $29,000 bronze statue of a fish that sits on the front porch of Stevens’ home in Girdwood, Alaska. Prosecutors contend that the statue is among the more then $250,00 in gifts that Stevens received but failed to report. Defense lawyers say a foundation set up to raise money for a library in Stevens’ honor paid for the statue and that evidence related to it should be excluded from the trial.
Sullivan on Sept. 16 denied the GOP senator’s final outstanding request to dismiss all charges against him on grounds that the July 29 indictment ran afoul of the Constitution’s Speech or Debate Clause, which insulates legislative activity from executive review. Stevens’ lawyers had argued that the indictment was based on the privileged grand jury testimony of current and former staff members and was based on the senator’s “legislative actions, votes and decisions.”
On Sept. 10, Sullivan rejected other motions to throw out all or part of the case for various reasons.
The veteran Alaska senator is facing a stiff challenge at the polls Nov. 4 from Anchorage Mayor Mark Begich as he battles for a seventh full term. Stevens, 84, is the Senate’s longest-serving Republican.




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