Veteran senator's future on the line at trial

From Kevin Bohn
cnn.com

WASHINGTON (CNN) -- The political future of one of the powerhouses of the U.S. Senate will most likely rest in the hands of a Washington jury that will begin hearing the corruption case against him Thursday morning.

Political experts say there is little doubt that the re-election campaign of Sen. Ted Stevens, R-Alaska, will be determined by the jury's decision.

Stevens, the longest-serving Republican in the Senate, was locked in a tight contest for his eighth term in the Senate with Anchorage Mayor Mark Begich before the indictment against him was returned at the end of July.

Stevens is charged with failing to report on his congressional disclosure forms renovations to his Alaska home paid for by the Alaska-based oil services corporation VECO and other gifts from the company.

Prosecutors allege that Stevens received more than $250,000 worth of goods and services, including a new first floor, garage and deck on his home and a new Land Rover -- exchanged for an older car -- and a gas grill.

Stevens is not charged with receiving bribes, although prosecutors allege in the indictment that the senator "could and did use his official position and his office on behalf of VECO."

Known in Washington as combative and self-confident, Stevens has characteristically not backed down, maintaining his innocence and saying he paid for all bills related to the home renovation given to him. His defense attorneys pushed for a quick start to the proceedings, knowing that the charges would dominate the election campaign.

"I asked for a speedy trial because I wanted one," Stevens said Friday in Alaska. "I'm glad I'm having the chance to have one, because I have entered my plea and said I'm innocent of the charges against me. I think the trial will show that. I've urged Alaskans not to make a judgment about this situation until all the evidence is in and told them I have faith in our judicial, justice system and faith in myself."

Some legal experts believe that Stevens can beat the charges.

"How is the government going to prove beyond a reasonable doubt that he knew the actual value of these renovations when he had asked, received and paid for bills for them?" former federal prosecutor Michael Levy asked, explaining the burden facing the Justice Department.

One possible tactic for the defense team, led by veteran attorney Brendan Sullivan, is to portray Stevens as a busy incumbent dealing with a multitude of important issues.

"If they paint him somewhat as a very busy or perhaps absent-minded individual who's not focused there, you could appeal to several jurors," former federal prosecutor Joshua Berman said. "After all, all of us have a lot going on in our lives, as do these jurors, and that may resonate with some of them."

U.S. District Judge Emmet Sullivan this week granted Stevens' lawyers' request for him to miss some court sessions if there were key Senate votes happening.

"He is certainly known for being a very strong-willed man," said political analyst Norm Ornstein of the American Enterprise Institute. "Now, there is a fine line here. You do not want to suggest to jurors or to a judge that you are dissing them."

Since Stevens will have to be in court most days of the trial, which is expected to last about a month, his ability to fly to Alaska to campaign will be dramatically limited, although he did say last week that he hoped to come back to the state at least "several times" in October.

As to whether he will take the witness stand himself, the senator said Friday, "That is up to my lawyers, but that is my intention."

However, the legal experts CNN spoke to were divided about whether he would testify.

Former prosecutor Berman said Stevens testifying could be the best way to explain away some of the government's key evidence.

"It's gonna be hard for Sen. Stevens to get away from the fact that he did receive these things of value," Berman said. "Two, he did not apparently disclose them on his financial form. And three, you've got the VECO executives ... who will testify in his trial against him."

The central witness against Stevens will be a former VECO chief executive officer who has pleaded guilty to bribing several Alaska state lawmakers and who was caught by the FBI on undercover video soliciting favors from them.

"Bill Allen is going to be central to this case. He's the primary accuser against Senator Stevens," Levy said. "The government is gonna say that he's finally come forward and is telling the truth about the relationship between VECO and Sen. Stevens. The defense is gonna sit there and say this is a man who's got more than a decade of jail time hanging over his head, and the only way he can save his own skin is to sing whatever song the prosecutors want him to sing, and that's all he's doing."

Stevens is the first sitting U.S. senator to face trial since 1981, when Harrison Williams, D-New Jersey, was convicted of bribery and conspiracy.

Opening statements in Stevens trial are scheduled to begin at 9:30 a.m. ET at the U.S. District Court for the District of Columbia.

Eleven women and five men make up the jury of 12 regular and four alternates. The jurors will not be told whether they are alternates until the end of the trial.