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.

Alaska Debacle Continues

Forget former Alaska Governor Sarah Palin!

The Rove Republican Racket is getting slapped around again.

Earlier this year, the Racket was slapped around for witholding evidence in regards to the case (and eventual conviction) against former Alaska U.S. Senator Ted Stevens. U.S. Attorney General Eric Holder voided the convictions and withdrew the charges due to prosecutorial misconduct on April 1.

In June, we reported how the two federal prosecutors who withheld evidence of a star witness in the case were reassigned.

Now a related case is making headlines. From today's Alaska Dispatch:

Federal prosecutors and defense attorneys faced off in federal court Tuesday in an attempt to win the mind of the judge who will decide whether the corruption convictions against Pete Kott should be thrown out. The former Alaska representative, convicted of bribery, extortion and conspiracy in September 2007, was freed from prison in June pending a review of withheld evidence that his lawyer claims seriously discredits Bill Allen, the feds' star witness.

Specifically, the newly discovered evidence counters Allen's own statements that the transactions were bribes to keep Kott as a well-greased political ally, [Kott's lawyer]claims. The government had documents and interviews that showed Allen at times had made statements that Kott didn't extort the oilman, but that Allen gave Kott money out of friendship and as a bonus for the flooring work.There is also the matter of whether Allen had motivation to cooperate with the government out of fear that his alleged sexual indiscretions with prostitutes and minors -- which resulted in police investigations but no charges against Allen -- might come to light. McCloud argues these allegations were strong motivators for Allen to cooperate with the government, and Kott's defense team should have been allowed to question Allen about them at trial.

Looks like the Rove Racket took a heavy gamble on Allen and is losing on all bets held. Bill Allen was sentenced last month to three years in federal prison for bribery.