Attorneys for Sen. Ted Stevens on Sunday renewed their effort to get a federal corruption case against the veteran Alaskan lawmaker thrown out, saying prosecutors manipulated the story of its star witness to undermine the defense.
"Until today, defense counsel have refrained from alleging intentional misconduct by the government," the lawyers wrote in court papers. "We can no longer do so in good conscience."
U.S. District Judge Emmet G. Sullivan rejected a similar bid for a mistrial or dismissal on Friday after prosecutors said they would share with the defense documents that were mistakenly withheld.
Stevens, 84, is charged with lying on senate financial disclosure forms about more than $250,000 in home renovations and other gifts from oil pipeline magnate Bill Allen. The senator's trial had been expected to continue on Monday with Allen returning to the witness stand.
The latest mid-trial motion to end the trial says the newly disclosed documents show Allen originally told investigators that he believed Stevens would have paid for work on a mountain cabin if billed — proof that the senator never intended to hide anything. Allen has testified he chose to cover the costs for his old friend.
Rather than turn over the first statement to the defense as required by rules of evidence, the government "intentionally procured from Allen a contradictory statement" and then "concealed its actions" to the court, the defense papers say.
There was no immediate response to messages left with the Justice Department, which is prosecuting the case.
Judge Sullivan late Sunday ordered the government to file its response by 8 a.m. Monday. He scheduled a hearing on the defense motion for 9 a.m.