Pete Yost

Stevens legal team calls discipline ‘laughable’

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WASHINGTON (AP) — The legal team that defended Sen. Ted Stevens in his corruption trial has harshly criticized as too light the punishment handed out to a pair of prosecutors found to have engaged in reckless professional misconduct in the case.

A Justice Department report, released Thursday, says assistant U.S. attorneys Joseph Bottini and James Goeke failed to disclose information to the Stevens legal team that was favorable to the lawmaker. Justice’s Office of Professional Responsibility concluded the failure to turn over the material was not intentional. The department imposed a 40-day suspension on Bottini and a 15-day suspension on Goeke. They can appeal to the independent Merit Systems Protection Board. Lawyers for both prosecutors disputed the finding of misconduct.

In a statement, Stevens’s lawyers called the punishment laughable and pathetic.

Justice Dep’t: Misconduct by 2 in Stevens case

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WASHINGTON (AP) — The Justice Department’s internal ethics watchdog says two prosecutors in the bungled corruption case against Sen. Ted Stevens engaged in reckless professional misconduct by failing to disclose information favorable to the defense.

The Office of Professional Responsibility, however, did not find that the misconduct was intentional.

A career Justice Department official decided one prosecutor should be suspended for 40 days without pay and the second prosecutor should be suspended for 15 days without pay. They can appeal to the independent Merit Systems Protection Board.

The judge in the case dismissed the senator’s conviction in April 2009 after the Justice Department admitted misconduct in the case. Stevens died in a plane crash on August 9, 2010.

Earlier, a court-appointed special prosecutor declined to bring charges over government misconduct in the case.

DEA probed in wake of Secret Service investigation

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WASHINGTON (AP) — The Justice Department’s inspector general says it is investigating possible misconduct by Drug Enforcement Administration personnel in Colombia unrelated to the Secret Service incident with prostitutes at a Cartagena (kahr-tah-HAY’-nah) hotel.

The Drug Enforcement Administration says the probe began based on information provided by the Secret Service and that the DEA is making its employees available to be interviewed by the IG’s investigators.

CBS News reported Monday that three DEA agents are under investigation for allegedly hiring prostitutes in Cartagena.

Study: 2,000 convicted then exonerated in 23 years

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Study: 2,000 convicted then exonerated in 23 yearsFILE - In this March 27, 2007, file photo, Audrey Edmunds poses at the John C. Burke Correctional Center in Waupun, Wis., 10 years into serving her 18-year conviction and sentence for shaking a baby to death, while babysitting. Edmunds is one of more than 2,000 people falsely convicted of a serious crime who have been exonerated in the United States in the past 23 years, according to a new national registry painstakingly assembled by the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law. It is the most complete list of exonerations ever compiled. (AP Photo/Morry Gash, File)(Credit: AP)

WASHINGTON (AP) — More than 2,000 people who were falsely convicted of serious crimes have been exonerated in the United States in the past 23 years, according to a new archive compiled at two universities.

There is no official record-keeping system for exonerations of convicted criminals in the country, so academics set one up. The new national registry, or database, painstakingly assembled by the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law, is the most complete list of exonerations ever compiled.

The database compiled and analyzed by the researchers contains information on 873 exonerations for which they have the most detailed evidence. The researchers are aware of nearly 1,200 other exonerations, for which they have less data.

They found that those 873 exonerated defendants spent a combined total of more than 10,000 years in prison, an average of more than 11 years each. Nine out of 10 of them are men and half are African-American.

Nearly half of the 873 exonerations were homicide cases, including 101 death sentences. Over one-third of the cases were sexual assaults.

DNA evidence led to exoneration in nearly one-third of the 416 homicides and in nearly two-thirds of the 305 sexual assaults.

Researchers estimate the total number of felony convictions in the United States is nearly a million a year.

The overall registry/list begins at the start of 1989. It gives an unprecedented view of the scope of the problem of wrongful convictions in the United States and the figure of more than 2,000 exonerations “is a good start,” said Rob Warden, executive director of the Center on Wrongful Convictions.

“We know there are many more that we haven’t found,” added University of Michigan law professor Samuel Gross, the editor of the newly opened National Registry of Exonerations.

Counties such as San Bernardino in California and Bexar County in Texas are heavily populated, yet seemingly have no exonerations, a circumstance that the academics say cannot possibly be correct.

The registry excludes at least 1,170 additional defendants. Their convictions were thrown out starting in 1995 amid the periodic exposures of 13 major police scandals around the country. In all the cases, police officers fabricated crimes, usually by planting drugs or guns on innocent defendants.

Regarding the 1,170 additional defendants who were left out of the registry, “we have only sketchy information about most of these cases,” the report said. “Some of these group exonerations are well known; most are comparatively obscure. We began to notice them by accident, as a byproduct of searches for individual cases.”

In half of the 873 exonerations studied in detail, the most common factor leading to false convictions was perjured testimony or false accusations. Forty-three percent of the cases involved mistaken eyewitness identification, and 24 percent of the cases involved false or misleading forensic evidence.

In two out of three homicides, perjury or false accusation was the most common factor leading to false conviction. In four out of five sexual assaults, mistaken eyewitness identification was the leading cause of false conviction.

Seven percent of the exonerations were drug, white-collar and other nonviolent crimes, 5 percent were robberies and 5 percent were other types of violent crimes.

“It used to be that almost all the exonerations we knew about were murder and rape cases. We’re finally beginning to see beyond that. This is a sea change,” said Gross.

Exonerations often take place with no public fanfare and the 106-page report that coincides with the opening of the registry explains why.

On TV, an exoneration looks like a singular victory for a criminal defense attorney, “but there’s usually someone to blame for the underlying tragedy, often more than one person, and the common culprits include defense lawyers as well as police officers, prosecutors and judges. In many cases, everybody involved has egg on their face,” according to the report.

Despite a claim of wrongful conviction that was widely publicized last week, a Texas convict executed two decades ago is not in the database because he has not been officially exonerated. Carlos deLuna was executed for the fatal stabbing of a Corpus Christi convenience store clerk. A team headed by a Columbia University law professor just published a 400-page report that contends DeLuna didn’t kill the clerk, Wanda Jean Lopez.

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Online:

Center on Wrongful Convictions: http://tinyurl.com/dd9s2o

Professor Samuel Gross: http://tinyurl.com/7rrauxh

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Appeals court upholds key voting rights provision

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WASHINGTON (AP) — A federal appeals court has upheld a key provision of the Voting Rights Act and rejected a challenge by an Alabama county to the landmark civil rights law.

In a 2-1 decision, the appeals court said that Congress developed extensive evidence of continuing racial discrimination and reached a reasonable conclusion when it reauthorized the section of the law six years ago.

Appeals Judge David Tatel wrote for the majority that the court owes deference to Congress’s judgment on the matter.

The act’s section 5 requires state, county and local governments with a history of discrimination to obtain advance approval from the Justice Department, or from a federal court in Washington, for any changes to election procedures.

It currently applies to nine states and parts of seven others.

FBI confirms leak probe on al-Qaida plot

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FBI confirms leak probe on al-Qaida plotFBI Director Robert Mueller testifies on Capitol Hill in Washington, Wednesday, May 16, 2012, before the Senate Judiciary Committee hearing: "Oversight of the Federal Bureau of Investigation." (AP Photo/J. Scott Applewhite)(Credit: AP)

WASHINGTON (AP) — FBI Director Robert Mueller says the bureau has launched an investigation into who leaked information about an al-Qaida plot to place an explosive device aboard a U.S.-bound airline flight.

Mueller says such leaks during ongoing law enforcement operations damage U.S. relationships with allies.

The Associated Press and other news organizations revealed details of the plot this month. A double agent working with the CIA, Saudi intelligence agencies and the British intelligence agency MI6 turned the bomb over to the U.S. government. Mueller’s comment to the Senate Judiciary Committee was the first on-the-record confirmation that a Justice Department leak probe is under way.

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