From the start, this prosecution was permeated with government misconduct, making it impossible for the Senator to get a fair trial. During a pretrial interview, for example, the government’s star witness made statements that would have been strong evidence for the defense to use at trial. The prosecutors did not, however, give this information to the defense. Instead, they covered up its existence and eventually procured a new and inconsistent statement from the witness. Also, during the trial, the prosecutors knowingly introduced false business records and refused to give the defense the grand jury testimony of another witness who had made statements helpful to the Senator, instead representing that the testimony was not “material.”
As a result of numerous egregious violations committed by the experienced prosecutors in this case, the Senator’s conviction was eventually dismissed. Ordering an investigation into the misconduct, U.S. District Court Judge Emmet G. Sullivan explained that “[t]he government’s ill-gotten verdict in the case not only cost that public official his bid for re-election, the results of that election tipped the balance of power in the United States Senate.” The investigation cannot, however, undo the damage to the Senator’s reputation and legacy, all the more irreparable due to his tragic passing.
This page contains materials related to the prosecution of the late Senator Ted Stevens and the subsequent special counsel investigation into that prosecution. For information on NACDL's efforts to prevent future discovery violations, visit NACDL's Discovery Reform and Prosecutorial Misconduct pages.
Special Prosecutor Investigation of the Stevens' Prosecution
Interview with Counsel For Senator Ted Stevens (March 16, 2012)
Ted Stevens Prosecutorial Misconduct Report (Released March 15, 2012)
- NACDL News Release – "Misconduct Report on Ted Stevens Prosecution: 'Systematic Concealment of Exculpatory Evidence'" (March 15, 2012)
- Preliminary Statement By Counsel For Senator Ted Stevens (March 15, 2012)
- In-Depth Analysis By Counsel For Senator Ted Stevens (March 15, 2012)
Judge Sullivan’s Order Releasing the Stevens' Report, In re Special Proceedings, Misc. No. 09-0198 (Nov. 21, 2011)
Prosecution of Senator Ted Stevens
Order Appointing Special Prosecutor, U.S. v. Stevens, No. 08-231 (D.D.C. April 7, 2009)
Government Motion to Dismiss the Indictment with Prejudice, U.S. v. Stevens, No. 08-231 (D.D.C. April 1, 2009)
Defense Reply Motion to Dismiss, U.S. v. Stevens, No. 08-231 (D.D.C. Feb. 12, 2009)
Defense Motion to Dismiss, U.S. v. Stevens, No. 08-231 (D.D.C. Jan. 26, 2009)
Government Opposition to Motion to Dismiss, U.S. v. Stevens, No. 08-231 (D.D.C. Oct. 5, 2008)
Continue reading below
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
Defense Motion to Dismiss, U.S. v. Stevens, No. 08-231 (D.D.C. Oct. 5, 2008)
Government Memorandum in Opposition to Motion to Dismiss, U.S. v. Stevens, No. 08-231 (D.D.C. Oct. 2, 2008)
Government Opposition to Motion to Dismiss, U.S. v. Stevens, No. 08-231 (D.D.C. Sept. 29, 2008)
Indictment, U.S. v. Stevens, No. 08-231 (D.D.C. July 29, 2008)