Citing Errors By Prosecutors, Justice Department Frees 2 Convicted Alaska Lawmakers

June 5, 2009 6:26 a.m. EST

Washington, D.C. (AHN) - Attorney General Eric Holder on Thursday asked an appeals court to release two Alaska congressmen sentenced for taking bribes from VECO Corp. because prosecutors had failed to turn over relevant information to the defense. The same mistake that had forced Holder earlier this year to dismiss a seven-count indictment against former Alaska Sen. Ted Stevens, who was also accused of accepting gifts from the now-defunct oil services company.

The Attorney General has asked the U.S. Court of Appeals for the Ninth Circuit to release and remand the cases of Peter Kott, a former speaker of the Alaska House of Representatives, and Victor Kohring, a former member of the Alaska House of Representatives, to the district court.

Kott was convicted in September 2007 and sentenced to six years in prison for extortion, bribery and conspiracy. Kohring was convicted in November 2007 and sentenced to three and a half years in prison for attempted extortion, bribery and conspiracy. Both are Republicans.

"After a careful review of these cases, I have determined that it appears that the Department did not provide information that should have been disclosed to the defense," Holder said in a statement. "Department of Justice prosecutors work hard every day and perform a great service for the American people. But the Department's mission is to do justice, not just win cases, and when we make mistakes, it is our duty to admit and correct those mistakes. We are committed to doing that."

Lanny Breuer, Assistant Attorney General of the Criminal Division, also said in a statement, "The Criminal Division must ensure that defendants receive all appropriate discovery materials, and today's action demonstrates that commitment to this responsibility. We will continue regular discovery training for all Criminal Division prosecutors to make certain that they perform their duties in adherence to the highest ethical standards."

Holder had decided to drop the case against the 85-year-old Stevens in April, a month after the Justice Department removed the prosecutors that successfully convicted Stevens.

The prosecutors, whose actions were reviewed by the Justice Department's Office of Professional Responsibility, had allegedly tried to conceal evidence during the trial, while an FBI agent was said to have engaged in an improper relationship with the government's star witness, former VECO chief executive Bill Allen.

Stevens, the U.S. Senate's longest-serving Republican, was found guilty last October, eight days before election day, of concealing $250,000 worth of gifts, including home improvements, from VECO Corp. in his Senate financial disclosure forms from 1999-2006.