Former Alaska lawmaker Kott wants corruption conviction dismissed
by Mary Pemberton / The Associated Press
2 months ago | 843 views | 12 12 comments | 2 2 recommendations | email to a friend | print
ANCHORAGE, Alaska - A lawyer for a former state lawmaker argued Tuesday that his client's corruption conviction should be thrown out because the same federal prosecutors in former U.S. Sen. Ted Stevens' case withheld evidence in his trial.

Pete Kott said after the hearing in federal court it was hard to understand why prosecutors withheld evidence that was favorable to him and should have been provided.

"They obviously didn't play fair," he said.

Kott, an Eagle River Republican who served seven terms in Juneau, was convicted in 2007 of accepting bribes to push legislation favorable to the oil industry. He was found guilty of conspiracy, bribery, and extortion and sentenced to six years in federal prison.

Kott is challenging his convictions because the same team of prosecutors handled a related case against Stevens, an Alaska Republican. Stevens' conviction for failing to disclose gifts was thrown out because evidence was withheld, and U.S. Attorney General Eric Holder then ordered a review of the Alaska corruption cases.

Kott and former Rep. Vic Kohring, also convicted of accepting bribes, have been free pending the completion of the review of government lawyers' handling of their cases. Kott was released from prison in June when prosecutors acknowledged they failed to turn over favorable evidence to the defense.

Their convictions resulted from a lengthy investigation by prosecutors and the FBI of corruption in the Alaska Legislature. The federal probe focused on officials at VECO Corp., a now-defunct oil field services company that did millions of dollars in contracting work for oil producers.

VECO's chairman, Bill Allen, was a wealthy political operative who raised thousands of dollars for candidates who favored his pro-development agenda.

The Justice Department has maintained that no harm was done in withholding evidence. Judge John Sedwick is reviewing the case and 4,700 pages of government documents. He has several options, including letting the convictions stand, dismissing them and ordering a new trial or dismissing them and barring a new trial. He didn't indicate when a ruling might come.

Sheryl Gordon McCloud, Kott's attorney, told the judge that government prosecutors acted in bad faith by arguing facts that they knew were not true. She said new documents shed light on several issues that helped convict Kott, including a payment of more than $7,000 for flooring and a $5,000 down payment on a truck from Allen.

The documents also show that Kott wouldn't accept the truck as a gift because "he was too proud," McCloud said. Evidence now shows Allen considered the flooring money a "bonus" because Kott had worked very hard on a remodeling project, she added.

"I think the court should reverse the convictions," McCloud said.

Assistant U.S. Attorney James M. Trusty acknowledged that mistakes were made but asserted they didn't warrant a dismissal of the convictions.

"There are some materials that should have been turned over," Trusty said.

He rejected assertions that prosecutors had acted in bad faith. He encouraged Sedwick to look at the strength of the government's case against Kott. Trusty also reminded the judge of the 56 tapes of recorded conversation presented at trial.

"This was a case that had overwhelming evidence," Trusty said.

At Kott and Kohring's trials, the FBI played recorded conversations in which both Allen and Rick Smith, a VECO vice president, can be heard discussing legislative strategy with Kott.

Both executives pleaded guilty to bribing lawmakers and have been sentenced.

Kott, who has a commercial flooring business, said he's busying himself with projects around the house until the review in his case is decided.

"I am kind of left in limbo status for as long as it takes to resolve this matter," he said.

comments (12)
« Voice_of_the_Crimes wrote on Wednesday, Nov 18 at 11:53 PM »
Truth is stranger than fiction.
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« akbearable wrote on Wednesday, Nov 18 at 09:14 AM »
Maybe he could use the time behind bars writing a book? He could write about how he has been the victim of a liberal press, a liberal court, a liberal justice department, and a liberal administration. Victimhood is a hot seller these days as shown by the Palin book and all the Rush Hannity Beck fanfare going on out there. Catch the wave Kott, you are already a sellout anyway, make use of your time and come back stronger then ever!
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« Voice_of_the_Crimes wrote on Wednesday, Nov 18 at 01:40 AM »
The headling displays an incredible grasp of the obvious. I bet te macheti-hacker wants his 309 year sentence dismissed, too.

I think the time out was a good tease. Now go directly back to prison, do not pass go, do not collect $$.

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« NotPc wrote on Tuesday, Nov 17 at 09:23 PM »
not me akbearable but you liberals ofter are.If it were up to me ,I'd put all the crooks under the jail.
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« Pearl=W wrote on Tuesday, Nov 17 at 08:56 PM »
Kott got caught cold. Pay the piper.
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« robir8 wrote on Tuesday, Nov 17 at 08:38 PM »
Worm. Do your time like a man and get on with your life. We all heard the tapes. You ain't gettin elected to nothing. Its over worm.
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« Pearl=W wrote on Tuesday, Nov 17 at 08:30 PM »
I bet he does want charges dismissed! A new trial's not going to do him much good - the evidence was just too clear the first time. He doesn't seem to have understood that there was anything 'really wrong' in what he did. I'm willing to see some more tax dollars spent, to see this man do some time behind bars for selling the public's trust. I doubt it will cause him to rethink his opinion about the 'benefits of holding public office', but it should prevent him from holding such office ever again.
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« akbearable wrote on Tuesday, Nov 17 at 05:09 PM »
« NotPc wrote on Tuesday, Nov 17 at 03:50 PM »

"All he needs to do to get off is.... change political parties,and he's home free,in fact then he wouldn't even have to pay his taxes."

NotPC, you are not developing a victim complex are you?
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« akbearable wrote on Tuesday, Nov 17 at 04:58 PM »
Kott you weasel, quit wasting the taxpayers money by trying to get off on a technicality. You know your party really hates those who waste taxpayers money on appeals. Be a good republican and go to jail like the guilty man you are.
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« Oh_please wrote on Tuesday, Nov 17 at 04:06 PM »
change political parties,and he's home free,in fact then he wouldn't even have to pay his taxes.

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« NotPc wrote on Tuesday, Nov 17 at 03:50 PM »
All he needs to do to get off is.... change political parties,and he's home free,in fact then he wouldn't even have to pay his taxes.
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