Thursday, February 25, 2010

Will an Alaska Appeal Bring Justice?

Earlier this month former Alaska State Representative Peter Kott (pictured) was told for the second time by a U.S. District Judge that he would not get a chance at a second trial even though a bombshell hit allegedly showing prosecutorial misconduct by the Alaska U.S. Attorney's Office.

The prosecutors who targeted Kott were the same Rove Republican Racket members who wrongfully targeted former U.S. Senator Ted Stevens of Alaska by engaging in prosecutorial misconduct and withholding evidence. The star witness in both federal cases was the unreliable and convicted felon Bill Allen, now the center of an explosive sex scandal.

U.S. Attorney General Eric Holder vacated the conviction of Senator Ted Stevens in April, launched an internal probe, and reassigned the federal prosectuors involved.

The Anchorage Daily News reported:
U.S. District Judge John Sedwick ...told Kott he won't reconsider his Jan. 13 ruling denying Kott a new trial or dismissal of charges. New information that surfaced the day after his January ruling was insignificant and won't change his mind, Sedwick said in a one-page, unsigned order from chambers.

Kott has been arguing for months that federal prosecutors improperly withheld information that he could have used in his defense. But in his Jan. 13 ruling, Sedwick said the withheld evidence wouldn't have made a difference in Kott's 2007 conviction. And he told Kott his decision was final: "This court will not entertain any motion for reconsideration," Sedwick said.

But then came a surprise: Prosecutors came into possession of 105 pages of handwritten notes by the attorney who represented Bill Allen, the former oil-services company chief who admitted bribing Kott and others. Allen was the government's chief witness. The notes were made by Anchorage attorney Bob Bundy as he sat through several debriefings of Allen by the FBI and Justice Department lawyers.
Kott has one more shot at justice. He remains free on appeal and awaits a hearing on a motion to dismiss with the federal court of appeals next month.