Tweet
WASHINGTON (CNN) -- A jury found U.S. Sen. Ted Stevens of Alaska guilty Monday of all seven counts in his federal corruption trial.
The jury found Stevens guilty of "knowingly and willfully" scheming to conceal on Senate disclosure forms more than $250,000 in home renovations and other gifts from an Alaska-based oil industry contractor.
The jury began deliberations at noon Wednesday, but started anew Monday morning when an alternate replaced a juror who left town abruptly last week because of the death of her father.
The verdict comes after jurors in the corruption trial of Sen. Ted Stevens spotted a discrepancy Monday between the government's indictment of the veteran Alaska Republican and a key piece of evidence.
The judge declined to throw out the related charge against Stevens, who has been fighting seven counts of filing false statements on mandatory Senate financial disclosure forms, involving hundreds of thousands of dollars worth of gifts and work on his Alaska home.
The indictment accuses Stevens of checking "No" in response to a question about whether Stevens or his family had "any reportable gift ... more than $260" in 2001. But the form introduced as evidence in court shows he checked "Yes."
The jury sent out a note on the issue, prompting a debate between defense and prosecution attorneys about what instructions Judge Emmet G. Sullivan should send the jury.
Prosecutors said the error was simply a "typo" on the indictment, and that other charges and evidence covered Steven's alleged failure to disclose the home renovations at issue in the case.
Stevens' defense said the judge should toss out the count that no longer matched the evidence.
The judge bristled at the claim by prosecutors that the error was typographical, saying that "presumably someone reads these things" as an indictment is written.
But he did say the defense proposal went too far, instead deciding to tell the jury to match the available evidence with the appropriate charges in the indictment.
"The indictment is merely a charging document, it is not evidence. You must consider all the evidence and my instructions to determine if the government has proven each element in the indictment beyond a reasonable doubt."
The note comes after the jury began deliberations with a new juror replacing one who left town abruptly last week because of the death of her father.
Juror No. 4 is a paralegal in her 40s. She told a U.S. marshal that she had to leave the state for a family emergency after the jury was dismissed Thursday.
U.S. District Judge Emmet Sullivan dismissed the jury Friday morning after the woman left for California, hoping to resume with her on the panel as soon as possible.
Since then, court officials have made several unsuccessful attempts to reach the woman. It was unclear whether she will return to Washington, the judge said.
She had been asked to speak with Sullivan and attorneys in the case in a phone conversation Sunday afternoon, but they couldn't contact her.
"I think we have been more than reasonable" in trying to reach her, Sullivan told the court Sunday, saying the woman chose "not to further communicate with the court."
The trial was scheduled to resume at 9 a.m. Monday with a brief vetting of the alternate, followed by deliberations.
Defense attorneys for Stevens, who was in court Sunday, had asked the judge to put off deliberations another day as they awaited the return of juror No. 4, arguing against inserting an alternate in the middle of the process.
"They have not been deliberating all that long," Sullivan responded.
Each time someone is added to the jury, deliberations have to begin anew. The jury began deliberations at noon Wednesday.
The 84-year-old senator from Alaska had asked for a speedy trial in the hopes of clearing his name and improving his chances for re-election to a seventh term. He is in a tight race against his Democratic challenger, Mark Begich.
Stevens has pleaded not guilty to seven counts of falsifying Senate financial disclosure forms related to renovations on his family home in Girdwood, Alaska. The remodeling was done by his longtime friend, Bill Allen, and Allen's oil industry services company, VECO Corp.
Earlier Thursday, the judge dealt with another juror issue after the panel sent him a note accusing juror No. 9 of "violent outbursts" and other misconduct. They asked that she be dismissed.
advertisement
"She is being rude, disrespectful and unreasonable. She has had violent outbursts with other jurors, and jurors are getting off course. She is not following the laws and rules as stipulated in the instructions," the jury said in a note to the judge.
However, after what he called a "pep talk" to the 12, Sullivan told jurors to resume their deliberations. Sullivan advised the jurors that their job is to consider all the evidence in an effort to reach a unanimous decision on whether prosecutors proved their case against Stevens beyond a reasonable doubt.
The jury found Stevens guilty of "knowingly and willfully" scheming to conceal on Senate disclosure forms more than $250,000 in home renovations and other gifts from an Alaska-based oil industry contractor.
The jury began deliberations at noon Wednesday, but started anew Monday morning when an alternate replaced a juror who left town abruptly last week because of the death of her father.
The verdict comes after jurors in the corruption trial of Sen. Ted Stevens spotted a discrepancy Monday between the government's indictment of the veteran Alaska Republican and a key piece of evidence.
The judge declined to throw out the related charge against Stevens, who has been fighting seven counts of filing false statements on mandatory Senate financial disclosure forms, involving hundreds of thousands of dollars worth of gifts and work on his Alaska home.
The indictment accuses Stevens of checking "No" in response to a question about whether Stevens or his family had "any reportable gift ... more than $260" in 2001. But the form introduced as evidence in court shows he checked "Yes."
The jury sent out a note on the issue, prompting a debate between defense and prosecution attorneys about what instructions Judge Emmet G. Sullivan should send the jury.
Prosecutors said the error was simply a "typo" on the indictment, and that other charges and evidence covered Steven's alleged failure to disclose the home renovations at issue in the case.
Stevens' defense said the judge should toss out the count that no longer matched the evidence.
The judge bristled at the claim by prosecutors that the error was typographical, saying that "presumably someone reads these things" as an indictment is written.
But he did say the defense proposal went too far, instead deciding to tell the jury to match the available evidence with the appropriate charges in the indictment.
"The indictment is merely a charging document, it is not evidence. You must consider all the evidence and my instructions to determine if the government has proven each element in the indictment beyond a reasonable doubt."
The note comes after the jury began deliberations with a new juror replacing one who left town abruptly last week because of the death of her father.
Juror No. 4 is a paralegal in her 40s. She told a U.S. marshal that she had to leave the state for a family emergency after the jury was dismissed Thursday.
U.S. District Judge Emmet Sullivan dismissed the jury Friday morning after the woman left for California, hoping to resume with her on the panel as soon as possible.
Since then, court officials have made several unsuccessful attempts to reach the woman. It was unclear whether she will return to Washington, the judge said.
She had been asked to speak with Sullivan and attorneys in the case in a phone conversation Sunday afternoon, but they couldn't contact her.
"I think we have been more than reasonable" in trying to reach her, Sullivan told the court Sunday, saying the woman chose "not to further communicate with the court."
The trial was scheduled to resume at 9 a.m. Monday with a brief vetting of the alternate, followed by deliberations.
Defense attorneys for Stevens, who was in court Sunday, had asked the judge to put off deliberations another day as they awaited the return of juror No. 4, arguing against inserting an alternate in the middle of the process.
"They have not been deliberating all that long," Sullivan responded.
Each time someone is added to the jury, deliberations have to begin anew. The jury began deliberations at noon Wednesday.
The 84-year-old senator from Alaska had asked for a speedy trial in the hopes of clearing his name and improving his chances for re-election to a seventh term. He is in a tight race against his Democratic challenger, Mark Begich.
Stevens has pleaded not guilty to seven counts of falsifying Senate financial disclosure forms related to renovations on his family home in Girdwood, Alaska. The remodeling was done by his longtime friend, Bill Allen, and Allen's oil industry services company, VECO Corp.
Earlier Thursday, the judge dealt with another juror issue after the panel sent him a note accusing juror No. 9 of "violent outbursts" and other misconduct. They asked that she be dismissed.
advertisement
"She is being rude, disrespectful and unreasonable. She has had violent outbursts with other jurors, and jurors are getting off course. She is not following the laws and rules as stipulated in the instructions," the jury said in a note to the judge.
However, after what he called a "pep talk" to the 12, Sullivan told jurors to resume their deliberations. Sullivan advised the jurors that their job is to consider all the evidence in an effort to reach a unanimous decision on whether prosecutors proved their case against Stevens beyond a reasonable doubt.
The polls have the Stevens race at neck-and-neck. Methinks this should seal the deal.
Comment