Stevens case dismissal raises questions of Justice Dept. integrity

The dismissal of the government’s case against former Alaska Sen. Ted Stevens is the latest blow to the reputation of the Justice Department’s once-venerated Public Integrity section. The small prosecutors’ office doesn’t pursue cases against terrorists or bank robbers. Instead, its job is to weigh allegations of corruption involving public officials and to decide whether to bring criminal charges. The targets include city councilmen, state legislators, governors, judges, or, in this instance, a senior member of the U.S. Senate. Attorney Gen. Eric Holder on Wednesday abandoned the case against Stevens, despite his conviction by a jury. Holder said he acted “in the interest of justice” after discovering prosecutors had illegally withheld evidence from the defense. The veteran lawmaker wasn’t charged with taking bribes or payoffs in exchange for favors. Rather, he was indicted for failing to disclose as gifts the full value of the repairs and improvements on one of his Alaska homes. And the Public Integrity unit’s top prosecutors were accused of cutting corners and concealing evidence from defense attorneys in their zeal to convict Stevens. Throughout the trial, U.S. District Judge Emmet Sullivan voiced his anger with prosecutors. “How can the court have the confidence that the public integrity section has public integrity?” he said. “This is not a trial any means.” In February, the judge called the prosecution’s conduct “outrageous,” and he took the highly unusual step of holding in contempt William Welch II, the chief of the Public Integrity section, and his principal deputy, Brenda Morris, the lead prosecutor in the Stevens case. Brendan Sullivan, the lawyer for Stevens, said the prosecutors were so “hell-bent” on winning a conviction they were “willing to present false evidence.” He accused them of “corruption.”...Detroit Free Press

They don't seem to be reporting on the "inappropriate personal relationship" between the lead FBI agent in charge of the case, Mary Beth Kepner, and the prosecutions key witness, Bill Allen.
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A 2003 Study by the Center For Public Integrity titled Harmful Error states:

Prosecutorial misconduct falls into several categories, including:

* Courtroom misconduct (making inappropriate or inflammatory comments in the presence of the jury; introducing or attempting to introduce inadmissible, inappropriate or inflammatory evidence; mischaracterizing the evidence or the facts of the case to the court or jury; committing violations pertaining to the selection of the jury; or making improper closing arguments);
* Mishandling of physical evidence (hiding, destroying or tampering with evidence, case files or court records);
* Failing to disclose exculpatory evidence;
* Threatening, badgering or tampering with witnesses;
* Using false or misleading evidence;
* Harassing, displaying bias toward, or having a vendetta against the defendant or defendant's counsel (including selective or vindictive prosecution, which includes instances of denial of a speedy trial);
* Improper behavior during grand jury proceedings.

A June 26, 2003 Associated Press article about the Center's study has the following:

State and local prosecutors bent or broke the rules to help put 32 innocent people in prison, some under death sentence, since 1970, according to the first nationwide study of prosecutorial misconduct. Prosecutors misbehaved so badly in more than 2,000 cases during that period that appellate judges dismissed criminal charges, reversed convictions or reduced sentences, the study also found. The study, "Harmful Error," found 223 prosecutors around the nation who had been cited by judges for two or more cases of unfair conduct but only two prosecutors who had been disbarred in the past 33 years for mishandling criminal cases. There are about 30,000 local prosecutors in 2,341 jurisdictions. The report said convictions of an undetermined number of guilty defendants also were undoubtedly overturned because of unfair prosecutor tactics. Some of those defendants could not be retried and were set free, so prosecutor misconduct "has severe consequences for the entire citizenry," the report said. In 2,017 cases, appellate judges found misconduct serious enough to order dismissal of charges, reversal of convictions or reduction of sentences. In an additional 513 cases, at least one judge filing a separate concurring or dissenting opinion thought the misconduct warranted reversal...