Judge In Stevens Case Will Tell Jury that Prosecution Knowingly Presented False Evidence
The government's bungling of the Ted Stevens prosecution hasn't persuaded the judge to grant a mistrial, but the remedy he selected may help Stevens obtain an acquittal. The prosecution's missteps are recounted here and here.
Judge Sullivan delivered a severe scolding to the prosecution and said he would bar the government from using two categories of evidence central to its case. Perhaps more important, he said he would tell the jury on Thursday that he was excluding some of the prosecution’s evidence because “the government presented evidence the government knew was not true,” an instruction that is likely to undermine the credibility of the prosecution.
The jury isn't likely to overlook such a stinging rebuke. Once the judge accuses the prosecution of knowingly presenting false evidence, the jury might be so offended that it won't believe any of the legitimate evidence the government managed to gather.
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