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Attorney general drops Stevens prosecution

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  • Brent Turvey
    So the FBI still has clear problems with hiding evidence and performing political investigations in a pro-prosecution manner, pretty much in line with the
    Message 1 of 10 , Apr 1, 2009
    • 0 Attachment
      So the FBI still has clear problems with hiding evidence and
      performing political investigations in a pro-prosecution manner,
      pretty much in line with the concerns of the NAS Report. And the
      consequences will be...?


      Attorney general drops Stevens prosecution
      http://www.adn.com/news/politics/fbi/stevens/story/743906.html
      By ERIKA BOLSTAD and RICHARD MAUER
      Anchorage Daily News

      Published: April 1st, 2009 04:54 AM
      Last Modified: April 1st, 2009 12:24 PM

      WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
      Stevens' indictment this morning, effectively voiding his Oct. 27
      conviction on seven counts of filing false statements on his Senate
      financial disclosure forms.

      The decision by U.S. Attorney General Eric Holder comes after a new
      prosecution team discovered a previously undocumented interview with
      the star witness in the case that sharply contradicted the most
      dramatic testimony in the four-week trial. The information had never
      been turned over to the defense, the Justice Department said in its
      motion.

      "After careful review, I have concluded that certain information
      should have been provided to the defense for use at trial, Holder said
      in a statement released this morning. "In light of this conclusion,
      and in consideration of the totality of the circumstances of this
      particular case, I have determined that it is in the interest of
      justice to dismiss the indictment and not proceed with a new trial."

      The government is seeking dismissal of the charges "with prejudice,"
      meaning that they cannot be filed again.

      U.S. District Judge Emmet Sullivan ordered a hearing on the
      government's motion for April 7.

      "I always knew that there would be a day when the cloud that
      surrounded me would be removed," Stevens said in a written statement
      this morning. "That day has finally come. It is unfortunate that an
      election was affected by proceedings now recognized as unfair. It was
      my great honor to serve the state of Alaska in the United States
      Senate for 40 years."

      Stevens was reported to be traveling in Alaska today and not
      immediately available for an interview.

      In a written statement, Stevens lawyers decried the "corrupt" conduct
      of attorneys and the FBI in the case, though it said Holder and the
      new prosecution team, along with Sullivan, the trial judge, were
      "heroes" for bringing the information to light.

      "This jury verdict was obtained unlawfully," said the statement by
      Washington-based law firm of Williams & Connolly and the two attorneys
      who led the defense team, Brendan Sullivan and Robert Cary. "The
      misconduct of government prosecutors, and one or more FBI agents, was
      stunning."

      It was the lawyers' first statement to reporters since they began
      representing Stevens at least two years ago.


      ADVERTISEMENT

      In a brief news conference this morning in Washington, defense
      attorney Brendan Sullivan said the former senator should never have
      been prosecuted.

      "It was a bad judgment to have done so in the first place," said
      Sullivan. "He's a war hero. He served in the Senate for 40 years, and
      he was the target of prosecutors who wanted to enhance their own
      reputation."

      The action today clears Stevens' name, Sullivan said.

      "To us, while this is a joyful day and we're happy that Sen. Stevens
      can resume a normal life without the burden that he's carried over
      these last years," he said, "at age 85, it's a very sad story too.
      Because it's a warning to everyone in this country that any citizen
      can be convicted if the prosecutor ignores the Constitution of the
      United States."


      The dramatic testimony that brought down the case after months of post-
      trial wrangling came Oct. 1 during the second day on the witness stand
      for Bill Allen, the chairman of the defunct oil-field services company
      Veco Corp. It was the fifth day of a trial that would run more than a
      month.

      Allen had described how he had spent tens of thousands of dollars
      renovating Stevens' home in Girdwood starting in 1999 - gifts that
      Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
      note to Allen asking that it be "done right" - he wanted to pay for
      Veco's services. He told Allen that their mutual friend in Girdwood,
      Double Musky restaurant owner Bob Persons, would talk to him about the
      matter.

      "You owe me a bill," the note from Stevens said. "Remember Torricelli,
      my friend. Friendship is one thing, compliance with the ethics rules
      entirely different." Robert Torricelli was a New Jersey senator who
      got into trouble in 2002 for accepting improper gifts from a donor.

      Allen testified that he had a conversation a short time later with
      Persons. But Persons told him the note from Stevens shouldn't be taken
      seriously, Allen said.

      "Don't worry about getting a bill - Ted's just covering his ass,"
      Allen quoted Persons as saying.

      The Allen statement came at the close of testimony for the day.

      With the jury out of the courtroom, a defense attorney yelled foul,
      saying that in all the material turned over to the defense by the
      government under fair-trial rules, there was nothing from Allen
      quoting Persons like that. The defense accused the government and
      Allen of conspiring to make up the testimony. Even worse, they said,
      was that Allen's testimony came at the end of the day, leaving the
      jury to ponder it, unchallenged, overnight.

      The newly discovered interview wasn't transcribed in the usual way,
      the Justice Department said this morning. Rather, it was discovered in
      the notes of attorneys who questioned Allen on April 15, 2008.

      "The notes of the April 15 interview indicate that Bill Allen said,
      among other things, in substance and in part, that he (Bill Allen) did
      not recall talking to Bob Persons regarding giving a bill to the
      defendant," the Justice Department said in its motion to dismiss the
      case. "This statement by Allen during the April 15 interview was
      inconsistent with Allen's recollection at trial where he described a
      conversation with Persons about the Torricelli note."

      The interview notes also say that Allen thought the market value of
      Veco's work on Stevens' home was about $80,000. The government
      introduced evidence from Veco's bookkeeping that suggested it was
      worth about $250,000, though the judge threw out some of that evidence
      because it proved to be wrong.

      "Defendant Stevens was not informed prior to or during trial of the
      statements by Bill Allen on April 15, 2008," the department's motion
      for dismissal said. "This information could have been used by the
      defendant to cross-examine Bill Allen and in arguments to the jury."

      In his statement, Holder didn't say precisely what he meant by the
      "interests of justice" dictating that Stevens not undergo a new trial.
      But Stevens' lawyers had argued that government misconduct was so
      extreme that the only remedy for the judge was to completely dismiss
      the case.

      Stevens, who is 85, lost his re-election bid in November to the former
      Anchorage mayor, Democrat Mark Begich.

      Since Stevens' conviction, the former senator's lawyers have filed
      several motions to outright dismiss his original indictment or to
      grant Stevens a new trial. Their motions have been based in part on
      allegations in a whistle-blower complaint by an Anchorage FBI agent,
      and other allegations of prosecutorial misconduct that emerged after
      Stevens' conviction.

      The complaint by agent Chad Joy said prosecutors deliberately withheld
      information from Stevens' defense team.

      The government appointed a new team of prosecutors when Judge Sullivan
      held in contempt the chief trial lawyer, Brenda Morris, and her boss
      at the Public Integrity Section, William Welch, in contempt for
      failing to turn over material to the defense uncovered in the
      investigation of Joy's allegations. It was the new team, led by Paul
      O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
      week discovered the April 15 meeting with Allen, the Justice
      Department said.

      The Justice Department immediately turned over the notes of the April
      15 meeting to the defense, it said.

      Holder said that the Justice Department's Office of Professional
      Responsibility "will conduct a thorough review of the prosecution of
      this matter."

      "This does not mean or imply that any determination has been made
      about the conduct of those attorneys who handled the investigation and
      trial of this case," he said. "The Department of Justice must always
      ensure that any case in which it is involved is handled fairly and
      consistent with its commitment to justice. Under oftentimes trying
      conditions, the attorneys who serve in this department live up to
      those principles on a daily basis. I am proud of them and of the work
      they do for the American people."

      Stevens' lawyers said Judge Sullivan was key to uncovering the
      misconduct by the Justice Department in the case.

      "Judge Sullivan gave the defense the ability to press for evidence of
      misconduct," the statement said. "When he did so, more and more
      evidence came to light, including the most recent revelation about
      false testimony. Had Judge Sullivan accepted the word of government
      prosecutors as is done often in our courts, the extraordinary
      misconduct would never have been uncovered, and the trial verdict
      might have survived appellate review. Judge Sullivan prevented such a
      tragic outcome."

      Rep. Don Young, who as Alaska's sole congressman spent 30 years
      working with Stevens, said he thought "justice has finally been served."

      "It's a shame that Alaskans lost one of the best lawmakers they've
      ever had last year over a false conviction, but his legacy in Alaska
      will always live on," he said. "I join my fellow Alaskans today in
      standing by Ted and congratulating him and Catherine on the courage
      they've shown throughout this ordeal and the end of this difficult
      journey."

      Stevens' replacement, Begich, said in a statement that "the decision
      by President Obama's Justice Department to end the prosecution of
      Senator Ted Stevens is reasonable."

      "I always said I didn't think Senator Stevens should serve time in
      jail and hopefully this decision ensures that is the case," he said.
      "It's time for Senator Stevens, his family and Alaskans to move on and
      put this behind us."

      Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
      "I was pleased with the news that the Justice Department will drop all
      charges against Senator Ted Stevens, but I am deeply disturbed that
      the government can ruin a man's career and then say 'never mind.'
      There is nothing that will ever compensate for the loss of his
      reputation or leadership to the state of Alaska."

      Murkowski decried the violation of Steven's rights. "Our nation is
      governed by the rule of law, and violations of our civil liberties
      cannot be tolerated," she said. "Prosecutors and law enforcement have
      the power to bring the full weight of the government to bear on
      individuals. If they are willing to bend the law, they put all of our
      civil liberties at risk."

      The Senate Republican eader, Mitch McConnell of Kentucky, called the
      Justice Department's move "a relief to Stevens and his family." But he
      also said that had the Justice Department acted last year, before the
      election, Republicans might not have lost the seat. It would give
      Democrats -- who have 58 seats in the Senate and are likely to gain a
      59th -- one less seat toward a 60-vote, filibuster-proof majority.

      "It was disappointing to lose the seat, no question about it,"
      McConnell said. "No question that if this decision had been made last
      year he'd still be in the Senate."


      Erika Bolstad reported from Washington, D.C., and Richard Mauer from
      Anchorage. E-mail them:ebolstad@... and rmauer@....

      Brent
      Brent E. Turvey, MS - Forensic Science
      Forensic Solutions, LLC
      bturvey@...
      http://www.forensic-science.com

      Author of:
      Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
      http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

      Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
      Elsevier Science
      http://www.forensicvictimology.blogspot.com

      Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
      Science
      http://crimereconstruction.blogspot.com

      "... the intermixing of science and politics is a bad combination with
      a bad history. We must remember the history, and be certain that what
      we present to the world as knowledge is disinterested and honest."
      - Crichton, M. (2004) State of Fear, New York: Harper-Collins
      Publisher; p.638
    • gunis77@aol.com
      What does this have to do with the NAS report??? This is what I was talking about before. In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
      Message 2 of 10 , Apr 1, 2009
      • 0 Attachment
        What does this have to do with the NAS report??? This is what I was talking
        about before.



        In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
        bturvey@... writes:

        So the FBI still has clear problems with hiding evidence and
        performing political investigations in a pro-prosecution manner,
        pretty much in line with the concerns of the NAS Report. And the
        consequences will be...?


        Attorney general drops Stevens prosecution
        http://www.adn.com/news/politics/fbi/stevens/story/743906.html
        By ERIKA BOLSTAD and RICHARD MAUER
        Anchorage Daily News

        Published: April 1st, 2009 04:54 AM
        Last Modified: April 1st, 2009 12:24 PM

        WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
        Stevens' indictment this morning, effectively voiding his Oct. 27
        conviction on seven counts of filing false statements on his Senate
        financial disclosure forms.

        The decision by U.S. Attorney General Eric Holder comes after a new
        prosecution team discovered a previously undocumented interview with
        the star witness in the case that sharply contradicted the most
        dramatic testimony in the four-week trial. The information had never
        been turned over to the defense, the Justice Department said in its
        motion.

        "After careful review, I have concluded that certain information
        should have been provided to the defense for use at trial, Holder said
        in a statement released this morning. "In light of this conclusion,
        and in consideration of the totality of the circumstances of this
        particular case, I have determined that it is in the interest of
        justice to dismiss the indictment and not proceed with a new trial."

        The government is seeking dismissal of the charges "with prejudice,"
        meaning that they cannot be filed again.

        U.S. District Judge Emmet Sullivan ordered a hearing on the
        government's motion for April 7.

        "I always knew that there would be a day when the cloud that
        surrounded me would be removed," Stevens said in a written statement
        this morning. "That day has finally come. It is unfortunate that an
        election was affected by proceedings now recognized as unfair. It was
        my great honor to serve the state of Alaska in the United States
        Senate for 40 years."

        Stevens was reported to be traveling in Alaska today and not
        immediately available for an interview.

        In a written statement, Stevens lawyers decried the "corrupt" conduct
        of attorneys and the FBI in the case, though it said Holder and the
        new prosecution team, along with Sullivan, the trial judge, were
        "heroes" for bringing the information to light.

        "This jury verdict was obtained unlawfully," said the statement by
        Washington-based law firm of Williams & Connolly and the two attorneys
        who led the defense team, Brendan Sullivan and Robert Cary. "The
        misconduct of government prosecutors, and one or more FBI agents, was
        stunning."

        It was the lawyers' first statement to reporters since they began
        representing Stevens at least two years ago.


        ADVERTISEMENT

        In a brief news conference this morning in Washington, defense
        attorney Brendan Sullivan said the former senator should never have
        been prosecuted.

        "It was a bad judgment to have done so in the first place," said
        Sullivan. "He's a war hero. He served in the Senate for 40 years, and
        he was the target of prosecutors who wanted to enhance their own
        reputation."

        The action today clears Stevens' name, Sullivan said.

        "To us, while this is a joyful day and we're happy that Sen. Stevens
        can resume a normal life without the burden that he's carried over
        these last years," he said, "at age 85, it's a very sad story too.
        Because it's a warning to everyone in this country that any citizen
        can be convicted if the prosecutor ignores the Constitution of the
        United States."


        The dramatic testimony that brought down the case after months of post-
        trial wrangling came Oct. 1 during the second day on the witness stand
        for Bill Allen, the chairman of the defunct oil-field services company
        Veco Corp. It was the fifth day of a trial that would run more than a
        month.

        Allen had described how he had spent tens of thousands of dollars
        renovating Stevens' home in Girdwood starting in 1999 - gifts that
        Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
        note to Allen asking that it be "done right" - he wanted to pay for
        Veco's services. He told Allen that their mutual friend in Girdwood,
        Double Musky restaurant owner Bob Persons, would talk to him about the
        matter.

        "You owe me a bill," the note from Stevens said. "Remember Torricelli,
        my friend. Friendship is one thing, compliance with the ethics rules
        entirely different." Robert Torricelli was a New Jersey senator who
        got into trouble in 2002 for accepting improper gifts from a donor.

        Allen testified that he had a conversation a short time later with
        Persons. But Persons told him the note from Stevens shouldn't be taken
        seriously, Allen said.

        "Don't worry about getting a bill - Ted's just covering his ass,"
        Allen quoted Persons as saying.

        The Allen statement came at the close of testimony for the day.

        With the jury out of the courtroom, a defense attorney yelled foul,
        saying that in all the material turned over to the defense by the
        government under fair-trial rules, there was nothing from Allen
        quoting Persons like that. The defense accused the government and
        Allen of conspiring to make up the testimony. Even worse, they said,
        was that Allen's testimony came at the end of the day, leaving the
        jury to ponder it, unchallenged, overnight.

        The newly discovered interview wasn't transcribed in the usual way,
        the Justice Department said this morning. Rather, it was discovered in
        the notes of attorneys who questioned Allen on April 15, 2008.

        "The notes of the April 15 interview indicate that Bill Allen said,
        among other things, in substance and in part, that he (Bill Allen) did
        not recall talking to Bob Persons regarding giving a bill to the
        defendant," the Justice Department said in its motion to dismiss the
        case. "This statement by Allen during the April 15 interview was
        inconsistent with Allen's recollection at trial where he described a
        conversation with Persons about the Torricelli note."

        The interview notes also say that Allen thought the market value of
        Veco's work on Stevens' home was about $80,000. The government
        introduced evidence from Veco's bookkeeping that suggested it was
        worth about $250,000, though the judge threw out some of that evidence
        because it proved to be wrong.

        "Defendant Stevens was not informed prior to or during trial of the
        statements by Bill Allen on April 15, 2008," the department's motion
        for dismissal said. "This information could have been used by the
        defendant to cross-examine Bill Allen and in arguments to the jury."

        In his statement, Holder didn't say precisely what he meant by the
        "interests of justice" dictating that Stevens not undergo a new trial.
        But Stevens' lawyers had argued that government misconduct was so
        extreme that the only remedy for the judge was to completely dismiss
        the case.

        Stevens, who is 85, lost his re-election bid in November to the former
        Anchorage mayor, Democrat Mark Begich.

        Since Stevens' conviction, the former senator's lawyers have filed
        several motions to outright dismiss his original indictment or to
        grant Stevens a new trial. Their motions have been based in part on
        allegations in a whistle-blower complaint by an Anchorage FBI agent,
        and other allegations of prosecutorial misconduct that emerged after
        Stevens' conviction.

        The complaint by agent Chad Joy said prosecutors deliberately withheld
        information from Stevens' defense team.

        The government appointed a new team of prosecutors when Judge Sullivan
        held in contempt the chief trial lawyer, Brenda Morris, and her boss
        at the Public Integrity Section, William Welch, in contempt for
        failing to turn over material to the defense uncovered in the
        investigation of Joy's allegations. It was the new team, led by Paul
        O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
        week discovered the April 15 meeting with Allen, the Justice
        Department said.

        The Justice Department immediately turned over the notes of the April
        15 meeting to the defense, it said.

        Holder said that the Justice Department's Office of Professional
        Responsibility "will conduct a thorough review of the prosecution of
        this matter."

        "This does not mean or imply that any determination has been made
        about the conduct of those attorneys who handled the investigation and
        trial of this case," he said. "The Department of Justice must always
        ensure that any case in which it is involved is handled fairly and
        consistent with its commitment to justice. Under oftentimes trying
        conditions, the attorneys who serve in this department live up to
        those principles on a daily basis. I am proud of them and of the work
        they do for the American people."

        Stevens' lawyers said Judge Sullivan was key to uncovering the
        misconduct by the Justice Department in the case.

        "Judge Sullivan gave the defense the ability to press for evidence of
        misconduct," the statement said. "When he did so, more and more
        evidence came to light, including the most recent revelation about
        false testimony. Had Judge Sullivan accepted the word of government
        prosecutors as is done often in our courts, the extraordinary
        misconduct would never have been uncovered, and the trial verdict
        might have survived appellate review. Judge Sullivan prevented such a
        tragic outcome."

        Rep. Don Young, who as Alaska's sole congressman spent 30 years
        working with Stevens, said he thought "justice has finally been served."

        "It's a shame that Alaskans lost one of the best lawmakers they've
        ever had last year over a false conviction, but his legacy in Alaska
        will always live on," he said. "I join my fellow Alaskans today in
        standing by Ted and congratulating him and Catherine on the courage
        they've shown throughout this ordeal and the end of this difficult
        journey."

        Stevens' replacement, Begich, said in a statement that "the decision
        by President Obama's Justice Department to end the prosecution of
        Senator Ted Stevens is reasonable."

        "I always said I didn't think Senator Stevens should serve time in
        jail and hopefully this decision ensures that is the case," he said.
        "It's time for Senator Stevens, his family and Alaskans to move on and
        put this behind us."

        Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
        "I was pleased with the news that the Justice Department will drop all
        charges against Senator Ted Stevens, but I am deeply disturbed that
        the government can ruin a man's career and then say 'never mind.'
        There is nothing that will ever compensate for the loss of his
        reputation or leadership to the state of Alaska."

        Murkowski decried the violation of Steven's rights. "Our nation is
        governed by the rule of law, and violations of our civil liberties
        cannot be tolerated," she said. "Prosecutors and law enforcement have
        the power to bring the full weight of the government to bear on
        individuals. If they are willing to bend the law, they put all of our
        civil liberties at risk."

        The Senate Republican eader, Mitch McConnell of Kentucky, called the
        Justice Department's move "a relief to Stevens and his family." But he
        also said that had the Justice Department acted last year, before the
        election, Republicans might not have lost the seat. It would give
        Democrats -- who have 58 seats in the Senate and are likely to gain a
        59th -- one less seat toward a 60-vote, filibuster-proof majority.

        "It was disappointing to lose the seat, no question about it,"
        McConnell said. "No question that if this decision had been made last
        year he'd still be in the Senate."


        Erika Bolstad reported from Washington, D.C., and Richard Mauer from
        Anchorage. E-mail them:ebolstad@... and rmauer@....

        Brent
        Brent E. Turvey, MS - Forensic Science
        Forensic Solutions, LLC
        bturvey@...
        http://www.forensic-science.com

        Author of:
        Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
        http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

        Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
        Elsevier Science
        http://www.forensicvictimology.blogspot.com

        Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
        Science
        http://crimereconstruction.blogspot.com

        "... the intermixing of science and politics is a bad combination with
        a bad history. We must remember the history, and be certain that what
        we present to the world as knowledge is disinterested and honest."
        - Crichton, M. (2004) State of Fear, New York: Harper-Collins
        Publisher; p.638



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      • Brent Turvey
        Jeff; The culture of the FBI is a political/ law enforcement oriented one - not a scientific one. That is made very clear in the NAS Report. Their conduct in
        Message 3 of 10 , Apr 1, 2009
        • 0 Attachment
          Jeff;

          The culture of the FBI is a political/ law enforcement oriented one -
          not a scientific one. That is made very clear in the NAS Report. Their
          conduct in this case and many other major cases even on the past few
          years bears this out.

          Did you even read the NAS Report? Because I'm thinking if you did you
          need to read it again. And then you need to think about what it means
          for the profession. And then you need to talk about it with someone
          who doesn't work for or in law enforcement.

          Brent

          On Apr 1, 2009, at 8:38 PM, gunis77@... wrote:

          What does this have to do with the NAS report??? This is what I was
          talking
          about before.


          In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
          bturvey@... writes:

          So the FBI still has clear problems with hiding evidence and
          performing political investigations in a pro-prosecution manner,
          pretty much in line with the concerns of the NAS Report. And the
          consequences will be...?

          Attorney general drops Stevens prosecution
          http://www.adn.com/news/politics/fbi/stevens/story/743906.html
          By ERIKA BOLSTAD and RICHARD MAUER
          Anchorage Daily News

          Published: April 1st, 2009 04:54 AM
          Last Modified: April 1st, 2009 12:24 PM

          WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
          Stevens' indictment this morning, effectively voiding his Oct. 27
          conviction on seven counts of filing false statements on his Senate
          financial disclosure forms.

          The decision by U.S. Attorney General Eric Holder comes after a new
          prosecution team discovered a previously undocumented interview with
          the star witness in the case that sharply contradicted the most
          dramatic testimony in the four-week trial. The information had never
          been turned over to the defense, the Justice Department said in its
          motion.

          "After careful review, I have concluded that certain information
          should have been provided to the defense for use at trial, Holder said
          in a statement released this morning. "In light of this conclusion,
          and in consideration of the totality of the circumstances of this
          particular case, I have determined that it is in the interest of
          justice to dismiss the indictment and not proceed with a new trial."

          The government is seeking dismissal of the charges "with prejudice,"
          meaning that they cannot be filed again.

          U.S. District Judge Emmet Sullivan ordered a hearing on the
          government's motion for April 7.

          "I always knew that there would be a day when the cloud that
          surrounded me would be removed," Stevens said in a written statement
          this morning. "That day has finally come. It is unfortunate that an
          election was affected by proceedings now recognized as unfair. It was
          my great honor to serve the state of Alaska in the United States
          Senate for 40 years."

          Stevens was reported to be traveling in Alaska today and not
          immediately available for an interview.

          In a written statement, Stevens lawyers decried the "corrupt" conduct
          of attorneys and the FBI in the case, though it said Holder and the
          new prosecution team, along with Sullivan, the trial judge, were
          "heroes" for bringing the information to light.

          "This jury verdict was obtained unlawfully," said the statement by
          Washington-based law firm of Williams & Connolly and the two attorneys
          who led the defense team, Brendan Sullivan and Robert Cary. "The
          misconduct of government prosecutors, and one or more FBI agents, was
          stunning."

          It was the lawyers' first statement to reporters since they began
          representing Stevens at least two years ago.

          ADVERTISEMENT

          In a brief news conference this morning in Washington, defense
          attorney Brendan Sullivan said the former senator should never have
          been prosecuted.

          "It was a bad judgment to have done so in the first place," said
          Sullivan. "He's a war hero. He served in the Senate for 40 years, and
          he was the target of prosecutors who wanted to enhance their own
          reputation."

          The action today clears Stevens' name, Sullivan said.

          "To us, while this is a joyful day and we're happy that Sen. Stevens
          can resume a normal life without the burden that he's carried over
          these last years," he said, "at age 85, it's a very sad story too.
          Because it's a warning to everyone in this country that any citizen
          can be convicted if the prosecutor ignores the Constitution of the
          United States."

          The dramatic testimony that brought down the case after months of post-
          trial wrangling came Oct. 1 during the second day on the witness stand
          for Bill Allen, the chairman of the defunct oil-field services company
          Veco Corp. It was the fifth day of a trial that would run more than a
          month.

          Allen had described how he had spent tens of thousands of dollars
          renovating Stevens' home in Girdwood starting in 1999 - gifts that
          Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
          note to Allen asking that it be "done right" - he wanted to pay for
          Veco's services. He told Allen that their mutual friend in Girdwood,
          Double Musky restaurant owner Bob Persons, would talk to him about the
          matter.

          "You owe me a bill," the note from Stevens said. "Remember Torricelli,
          my friend. Friendship is one thing, compliance with the ethics rules
          entirely different." Robert Torricelli was a New Jersey senator who
          got into trouble in 2002 for accepting improper gifts from a donor.

          Allen testified that he had a conversation a short time later with
          Persons. But Persons told him the note from Stevens shouldn't be taken
          seriously, Allen said.

          "Don't worry about getting a bill - Ted's just covering his ass,"
          Allen quoted Persons as saying.

          The Allen statement came at the close of testimony for the day.

          With the jury out of the courtroom, a defense attorney yelled foul,
          saying that in all the material turned over to the defense by the
          government under fair-trial rules, there was nothing from Allen
          quoting Persons like that. The defense accused the government and
          Allen of conspiring to make up the testimony. Even worse, they said,
          was that Allen's testimony came at the end of the day, leaving the
          jury to ponder it, unchallenged, overnight.

          The newly discovered interview wasn't transcribed in the usual way,
          the Justice Department said this morning. Rather, it was discovered in
          the notes of attorneys who questioned Allen on April 15, 2008.

          "The notes of the April 15 interview indicate that Bill Allen said,
          among other things, in substance and in part, that he (Bill Allen) did
          not recall talking to Bob Persons regarding giving a bill to the
          defendant," the Justice Department said in its motion to dismiss the
          case. "This statement by Allen during the April 15 interview was
          inconsistent with Allen's recollection at trial where he described a
          conversation with Persons about the Torricelli note."

          The interview notes also say that Allen thought the market value of
          Veco's work on Stevens' home was about $80,000. The government
          introduced evidence from Veco's bookkeeping that suggested it was
          worth about $250,000, though the judge threw out some of that evidence
          because it proved to be wrong.

          "Defendant Stevens was not informed prior to or during trial of the
          statements by Bill Allen on April 15, 2008," the department's motion
          for dismissal said. "This information could have been used by the
          defendant to cross-examine Bill Allen and in arguments to the jury."

          In his statement, Holder didn't say precisely what he meant by the
          "interests of justice" dictating that Stevens not undergo a new trial.
          But Stevens' lawyers had argued that government misconduct was so
          extreme that the only remedy for the judge was to completely dismiss
          the case.

          Stevens, who is 85, lost his re-election bid in November to the former
          Anchorage mayor, Democrat Mark Begich.

          Since Stevens' conviction, the former senator's lawyers have filed
          several motions to outright dismiss his original indictment or to
          grant Stevens a new trial. Their motions have been based in part on
          allegations in a whistle-blower complaint by an Anchorage FBI agent,
          and other allegations of prosecutorial misconduct that emerged after
          Stevens' conviction.

          The complaint by agent Chad Joy said prosecutors deliberately withheld
          information from Stevens' defense team.

          The government appointed a new team of prosecutors when Judge Sullivan
          held in contempt the chief trial lawyer, Brenda Morris, and her boss
          at the Public Integrity Section, William Welch, in contempt for
          failing to turn over material to the defense uncovered in the
          investigation of Joy's allegations. It was the new team, led by Paul
          O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
          week discovered the April 15 meeting with Allen, the Justice
          Department said.

          The Justice Department immediately turned over the notes of the April
          15 meeting to the defense, it said.

          Holder said that the Justice Department's Office of Professional
          Responsibility "will conduct a thorough review of the prosecution of
          this matter."

          "This does not mean or imply that any determination has been made
          about the conduct of those attorneys who handled the investigation and
          trial of this case," he said. "The Department of Justice must always
          ensure that any case in which it is involved is handled fairly and
          consistent with its commitment to justice. Under oftentimes trying
          conditions, the attorneys who serve in this department live up to
          those principles on a daily basis. I am proud of them and of the work
          they do for the American people."

          Stevens' lawyers said Judge Sullivan was key to uncovering the
          misconduct by the Justice Department in the case.

          "Judge Sullivan gave the defense the ability to press for evidence of
          misconduct," the statement said. "When he did so, more and more
          evidence came to light, including the most recent revelation about
          false testimony. Had Judge Sullivan accepted the word of government
          prosecutors as is done often in our courts, the extraordinary
          misconduct would never have been uncovered, and the trial verdict
          might have survived appellate review. Judge Sullivan prevented such a
          tragic outcome."

          Rep. Don Young, who as Alaska's sole congressman spent 30 years
          working with Stevens, said he thought "justice has finally been served."

          "It's a shame that Alaskans lost one of the best lawmakers they've
          ever had last year over a false conviction, but his legacy in Alaska
          will always live on," he said. "I join my fellow Alaskans today in
          standing by Ted and congratulating him and Catherine on the courage
          they've shown throughout this ordeal and the end of this difficult
          journey."

          Stevens' replacement, Begich, said in a statement that "the decision
          by President Obama's Justice Department to end the prosecution of
          Senator Ted Stevens is reasonable."

          "I always said I didn't think Senator Stevens should serve time in
          jail and hopefully this decision ensures that is the case," he said.
          "It's time for Senator Stevens, his family and Alaskans to move on and
          put this behind us."

          Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
          "I was pleased with the news that the Justice Department will drop all
          charges against Senator Ted Stevens, but I am deeply disturbed that
          the government can ruin a man's career and then say 'never mind.'
          There is nothing that will ever compensate for the loss of his
          reputation or leadership to the state of Alaska."

          Murkowski decried the violation of Steven's rights. "Our nation is
          governed by the rule of law, and violations of our civil liberties
          cannot be tolerated," she said. "Prosecutors and law enforcement have
          the power to bring the full weight of the government to bear on
          individuals. If they are willing to bend the law, they put all of our
          civil liberties at risk."

          The Senate Republican eader, Mitch McConnell of Kentucky, called the
          Justice Department's move "a relief to Stevens and his family." But he
          also said that had the Justice Department acted last year, before the
          election, Republicans might not have lost the seat. It would give
          Democrats -- who have 58 seats in the Senate and are likely to gain a
          59th -- one less seat toward a 60-vote, filibuster-proof majority.

          "It was disappointing to lose the seat, no question about it,"
          McConnell said. "No question that if this decision had been made last
          year he'd still be in the Senate."

          Erika Bolstad reported from Washington, D.C., and Richard Mauer from
          Anchorage. E-mail them:ebolstad@... and rmauer@....

          Brent
          Brent E. Turvey, MS - Forensic Science
          Forensic Solutions, LLC
          bturvey@...
          http://www.forensic-science.com

          Author of:
          Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
          http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

          Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
          Elsevier Science
          http://www.forensicvictimology.blogspot.com

          Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
          Science
          http://crimereconstruction.blogspot.com

          "... the intermixing of science and politics is a bad combination with
          a bad history. We must remember the history, and be certain that what
          we present to the world as knowledge is disinterested and honest."
          - Crichton, M. (2004) State of Fear, New York: Harper-Collins
          Publisher; p.638

          ------------------------------------

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          From the home page you can search the list archives. It also includes
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          settings.Yahoo! Groups Links

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        • gunis77@aol.com
          Brent, I think I have read it several times now. You know I don t work in law enforcement, right? Your accusations that I have a bias are completely
          Message 4 of 10 , Apr 1, 2009
          • 0 Attachment
            Brent,

            I think I have read it several times now. You know I don't work in law
            enforcement, right? Your accusations that I have a bias are completely
            unfounded. I have way more experience and intelligence than you give me credit for.
            Someday you will realize that.

            That day is fast approaching....



            In a message dated 04/02/2009 12:03:47 A.M. Central Daylight Time,
            bturvey@... writes:

            Jeff;

            The culture of the FBI is a political/ law enforcement oriented one -
            not a scientific one. That is made very clear in the NAS Report. Their
            conduct in this case and many other major cases even on the past few
            years bears this out.

            Did you even read the NAS Report? Because I'm thinking if you did you
            need to read it again. And then you need to think about what it means
            for the profession. And then you need to talk about it with someone
            who doesn't work for or in law enforcement.

            Brent

            On Apr 1, 2009, at 8:38 PM, gunis77@... wrote:

            What does this have to do with the NAS report??? This is what I was
            talking
            about before.


            In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
            bturvey@... writes:

            So the FBI still has clear problems with hiding evidence and
            performing political investigations in a pro-prosecution manner,
            pretty much in line with the concerns of the NAS Report. And the
            consequences will be...?

            Attorney general drops Stevens prosecution
            http://www.adn.com/news/politics/fbi/stevens/story/743906.html
            By ERIKA BOLSTAD and RICHARD MAUER
            Anchorage Daily News

            Published: April 1st, 2009 04:54 AM
            Last Modified: April 1st, 2009 12:24 PM

            WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
            Stevens' indictment this morning, effectively voiding his Oct. 27
            conviction on seven counts of filing false statements on his Senate
            financial disclosure forms.

            The decision by U.S. Attorney General Eric Holder comes after a new
            prosecution team discovered a previously undocumented interview with
            the star witness in the case that sharply contradicted the most
            dramatic testimony in the four-week trial. The information had never
            been turned over to the defense, the Justice Department said in its
            motion.

            "After careful review, I have concluded that certain information
            should have been provided to the defense for use at trial, Holder said
            in a statement released this morning. "In light of this conclusion,
            and in consideration of the totality of the circumstances of this
            particular case, I have determined that it is in the interest of
            justice to dismiss the indictment and not proceed with a new trial."

            The government is seeking dismissal of the charges "with prejudice,"
            meaning that they cannot be filed again.

            U.S. District Judge Emmet Sullivan ordered a hearing on the
            government's motion for April 7.

            "I always knew that there would be a day when the cloud that
            surrounded me would be removed," Stevens said in a written statement
            this morning. "That day has finally come. It is unfortunate that an
            election was affected by proceedings now recognized as unfair. It was
            my great honor to serve the state of Alaska in the United States
            Senate for 40 years."

            Stevens was reported to be traveling in Alaska today and not
            immediately available for an interview.

            In a written statement, Stevens lawyers decried the "corrupt" conduct
            of attorneys and the FBI in the case, though it said Holder and the
            new prosecution team, along with Sullivan, the trial judge, were
            "heroes" for bringing the information to light.

            "This jury verdict was obtained unlawfully," said the statement by
            Washington-based law firm of Williams & Connolly and the two attorneys
            who led the defense team, Brendan Sullivan and Robert Cary. "The
            misconduct of government prosecutors, and one or more FBI agents, was
            stunning."

            It was the lawyers' first statement to reporters since they began
            representing Stevens at least two years ago.

            ADVERTISEMENT

            In a brief news conference this morning in Washington, defense
            attorney Brendan Sullivan said the former senator should never have
            been prosecuted.

            "It was a bad judgment to have done so in the first place," said
            Sullivan. "He's a war hero. He served in the Senate for 40 years, and
            he was the target of prosecutors who wanted to enhance their own
            reputation."

            The action today clears Stevens' name, Sullivan said.

            "To us, while this is a joyful day and we're happy that Sen. Stevens
            can resume a normal life without the burden that he's carried over
            these last years," he said, "at age 85, it's a very sad story too.
            Because it's a warning to everyone in this country that any citizen
            can be convicted if the prosecutor ignores the Constitution of the
            United States."

            The dramatic testimony that brought down the case after months of post-
            trial wrangling came Oct. 1 during the second day on the witness stand
            for Bill Allen, the chairman of the defunct oil-field services company
            Veco Corp. It was the fifth day of a trial that would run more than a
            month.

            Allen had described how he had spent tens of thousands of dollars
            renovating Stevens' home in Girdwood starting in 1999 - gifts that
            Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
            note to Allen asking that it be "done right" - he wanted to pay for
            Veco's services. He told Allen that their mutual friend in Girdwood,
            Double Musky restaurant owner Bob Persons, would talk to him about the
            matter.

            "You owe me a bill," the note from Stevens said. "Remember Torricelli,
            my friend. Friendship is one thing, compliance with the ethics rules
            entirely different." Robert Torricelli was a New Jersey senator who
            got into trouble in 2002 for accepting improper gifts from a donor.

            Allen testified that he had a conversation a short time later with
            Persons. But Persons told him the note from Stevens shouldn't be taken
            seriously, Allen said.

            "Don't worry about getting a bill - Ted's just covering his ass,"
            Allen quoted Persons as saying.

            The Allen statement came at the close of testimony for the day.

            With the jury out of the courtroom, a defense attorney yelled foul,
            saying that in all the material turned over to the defense by the
            government under fair-trial rules, there was nothing from Allen
            quoting Persons like that. The defense accused the government and
            Allen of conspiring to make up the testimony. Even worse, they said,
            was that Allen's testimony came at the end of the day, leaving the
            jury to ponder it, unchallenged, overnight.

            The newly discovered interview wasn't transcribed in the usual way,
            the Justice Department said this morning. Rather, it was discovered in
            the notes of attorneys who questioned Allen on April 15, 2008.

            "The notes of the April 15 interview indicate that Bill Allen said,
            among other things, in substance and in part, that he (Bill Allen) did
            not recall talking to Bob Persons regarding giving a bill to the
            defendant," the Justice Department said in its motion to dismiss the
            case. "This statement by Allen during the April 15 interview was
            inconsistent with Allen's recollection at trial where he described a
            conversation with Persons about the Torricelli note."

            The interview notes also say that Allen thought the market value of
            Veco's work on Stevens' home was about $80,000. The government
            introduced evidence from Veco's bookkeeping that suggested it was
            worth about $250,000, though the judge threw out some of that evidence
            because it proved to be wrong.

            "Defendant Stevens was not informed prior to or during trial of the
            statements by Bill Allen on April 15, 2008," the department's motion
            for dismissal said. "This information could have been used by the
            defendant to cross-examine Bill Allen and in arguments to the jury."

            In his statement, Holder didn't say precisely what he meant by the
            "interests of justice" dictating that Stevens not undergo a new trial.
            But Stevens' lawyers had argued that government misconduct was so
            extreme that the only remedy for the judge was to completely dismiss
            the case.

            Stevens, who is 85, lost his re-election bid in November to the former
            Anchorage mayor, Democrat Mark Begich.

            Since Stevens' conviction, the former senator's lawyers have filed
            several motions to outright dismiss his original indictment or to
            grant Stevens a new trial. Their motions have been based in part on
            allegations in a whistle-blower complaint by an Anchorage FBI agent,
            and other allegations of prosecutorial misconduct that emerged after
            Stevens' conviction.

            The complaint by agent Chad Joy said prosecutors deliberately withheld
            information from Stevens' defense team.

            The government appointed a new team of prosecutors when Judge Sullivan
            held in contempt the chief trial lawyer, Brenda Morris, and her boss
            at the Public Integrity Section, William Welch, in contempt for
            failing to turn over material to the defense uncovered in the
            investigation of Joy's allegations. It was the new team, led by Paul
            O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
            week discovered the April 15 meeting with Allen, the Justice
            Department said.

            The Justice Department immediately turned over the notes of the April
            15 meeting to the defense, it said.

            Holder said that the Justice Department's Office of Professional
            Responsibility "will conduct a thorough review of the prosecution of
            this matter."

            "This does not mean or imply that any determination has been made
            about the conduct of those attorneys who handled the investigation and
            trial of this case," he said. "The Department of Justice must always
            ensure that any case in which it is involved is handled fairly and
            consistent with its commitment to justice. Under oftentimes trying
            conditions, the attorneys who serve in this department live up to
            those principles on a daily basis. I am proud of them and of the work
            they do for the American people."

            Stevens' lawyers said Judge Sullivan was key to uncovering the
            misconduct by the Justice Department in the case.

            "Judge Sullivan gave the defense the ability to press for evidence of
            misconduct," the statement said. "When he did so, more and more
            evidence came to light, including the most recent revelation about
            false testimony. Had Judge Sullivan accepted the word of government
            prosecutors as is done often in our courts, the extraordinary
            misconduct would never have been uncovered, and the trial verdict
            might have survived appellate review. Judge Sullivan prevented such a
            tragic outcome."

            Rep. Don Young, who as Alaska's sole congressman spent 30 years
            working with Stevens, said he thought "justice has finally been served."

            "It's a shame that Alaskans lost one of the best lawmakers they've
            ever had last year over a false conviction, but his legacy in Alaska
            will always live on," he said. "I join my fellow Alaskans today in
            standing by Ted and congratulating him and Catherine on the courage
            they've shown throughout this ordeal and the end of this difficult
            journey."

            Stevens' replacement, Begich, said in a statement that "the decision
            by President Obama's Justice Department to end the prosecution of
            Senator Ted Stevens is reasonable."

            "I always said I didn't think Senator Stevens should serve time in
            jail and hopefully this decision ensures that is the case," he said.
            "It's time for Senator Stevens, his family and Alaskans to move on and
            put this behind us."

            Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
            "I was pleased with the news that the Justice Department will drop all
            charges against Senator Ted Stevens, but I am deeply disturbed that
            the government can ruin a man's career and then say 'never mind.'
            There is nothing that will ever compensate for the loss of his
            reputation or leadership to the state of Alaska."

            Murkowski decried the violation of Steven's rights. "Our nation is
            governed by the rule of law, and violations of our civil liberties
            cannot be tolerated," she said. "Prosecutors and law enforcement have
            the power to bring the full weight of the government to bear on
            individuals. If they are willing to bend the law, they put all of our
            civil liberties at risk."

            The Senate Republican eader, Mitch McConnell of Kentucky, called the
            Justice Department's move "a relief to Stevens and his family." But he
            also said that had the Justice Department acted last year, before the
            election, Republicans might not have lost the seat. It would give
            Democrats -- who have 58 seats in the Senate and are likely to gain a
            59th -- one less seat toward a 60-vote, filibuster-proof majority.

            "It was disappointing to lose the seat, no question about it,"
            McConnell said. "No question that if this decision had been made last
            year he'd still be in the Senate."

            Erika Bolstad reported from Washington, D.C., and Richard Mauer from
            Anchorage. E-mail them:ebolstad@... and rmauer@....

            Brent
            Brent E. Turvey, MS - Forensic Science
            Forensic Solutions, LLC
            bturvey@...
            http://www.forensic-science.com

            Author of:
            Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
            http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

            Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
            Elsevier Science
            http://www.forensicvictimology.blogspot.com

            Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
            Science
            http://crimereconstruction.blogspot.com

            "... the intermixing of science and politics is a bad combination with
            a bad history. We must remember the history, and be certain that what
            we present to the world as knowledge is disinterested and honest."
            - Crichton, M. (2004) State of Fear, New York: Harper-Collins
            Publisher; p.638

            ------------------------------------

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            From the home page you can search the list archives. It also includes
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          • Brent Turvey
            Jeff; This is not a contest. And you work primarily giving training to law enforcement in an area than is all but law enforcement controlled - bloodstain
            Message 5 of 10 , Apr 1, 2009
            • 0 Attachment
              Jeff;

              This is not a contest. And you work primarily giving training to law
              enforcement in an area than is all but law enforcement controlled -
              bloodstain pattern analysis. An area that has actually suffered with
              respect to good science because of the proliferation of non-scientist
              training within LE on the area. This, again, was made clear in the NAS
              Report.

              Taken from McCoppin (2007; http://www.dailyherald.com/story/print/?id=24670)
              :

              "...Jeff Gurvis, a former crime scene coordinator for what's now the
              Northeastern Illinois Regional Crime Lab, is part of a group of
              forensic scientists working for the FBI to develop minimum standards
              for education, training and working procedures for blood pattern
              analysis."

              The regional Crime Lab is actually a police crime lab, if I recall.

              Our conversations over the years, on the phone and over email, have
              made your predispositions painfully clear. And the issue of experience
              has not been on the table in this conversation. Not sure why you've
              brought it up.

              You wrote: "That day is fast approaching...."?

              I'm not sure what that means, but it reminds me of the time you told
              me to "bring it" a couple of weeks ago.

              Again, this isn't a competition. This is about science and scientific
              culture. The FBI and the culture it promulgates is everything that is
              wrong with Forensic Science culture by way of funding, influence, and
              its penetration of the community.

              Brent


              On Apr 1, 2009, at 9:08 PM, gunis77@... wrote:

              Brent,

              I think I have read it several times now. You know I don't work in law
              enforcement, right? Your accusations that I have a bias are completely
              unfounded. I have way more experience and intelligence than you give
              me credit for.
              Someday you will realize that.

              That day is fast approaching....



              In a message dated 04/02/2009 12:03:47 A.M. Central Daylight Time,
              bturvey@... writes:

              Jeff;

              The culture of the FBI is a political/ law enforcement oriented one -
              not a scientific one. That is made very clear in the NAS Report. Their
              conduct in this case and many other major cases even on the past few
              years bears this out.

              Did you even read the NAS Report? Because I'm thinking if you did you
              need to read it again. And then you need to think about what it means
              for the profession. And then you need to talk about it with someone
              who doesn't work for or in law enforcement.

              Brent

              On Apr 1, 2009, at 8:38 PM, gunis77@... wrote:

              What does this have to do with the NAS report??? This is what I was
              talking
              about before.

              In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
              bturvey@... writes:

              So the FBI still has clear problems with hiding evidence and
              performing political investigations in a pro-prosecution manner,
              pretty much in line with the concerns of the NAS Report. And the
              consequences will be...?

              Attorney general drops Stevens prosecution
              http://www.adn.com/news/politics/fbi/stevens/story/743906.html
              By ERIKA BOLSTAD and RICHARD MAUER
              Anchorage Daily News

              Published: April 1st, 2009 04:54 AM
              Last Modified: April 1st, 2009 12:24 PM

              WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
              Stevens' indictment this morning, effectively voiding his Oct. 27
              conviction on seven counts of filing false statements on his Senate
              financial disclosure forms.

              The decision by U.S. Attorney General Eric Holder comes after a new
              prosecution team discovered a previously undocumented interview with
              the star witness in the case that sharply contradicted the most
              dramatic testimony in the four-week trial. The information had never
              been turned over to the defense, the Justice Department said in its
              motion.

              "After careful review, I have concluded that certain information
              should have been provided to the defense for use at trial, Holder said
              in a statement released this morning. "In light of this conclusion,
              and in consideration of the totality of the circumstances of this
              particular case, I have determined that it is in the interest of
              justice to dismiss the indictment and not proceed with a new trial."

              The government is seeking dismissal of the charges "with prejudice,"
              meaning that they cannot be filed again.

              U.S. District Judge Emmet Sullivan ordered a hearing on the
              government's motion for April 7.

              "I always knew that there would be a day when the cloud that
              surrounded me would be removed," Stevens said in a written statement
              this morning. "That day has finally come. It is unfortunate that an
              election was affected by proceedings now recognized as unfair. It was
              my great honor to serve the state of Alaska in the United States
              Senate for 40 years."

              Stevens was reported to be traveling in Alaska today and not
              immediately available for an interview.

              In a written statement, Stevens lawyers decried the "corrupt" conduct
              of attorneys and the FBI in the case, though it said Holder and the
              new prosecution team, along with Sullivan, the trial judge, were
              "heroes" for bringing the information to light.

              "This jury verdict was obtained unlawfully," said the statement by
              Washington-based law firm of Williams & Connolly and the two attorneys
              who led the defense team, Brendan Sullivan and Robert Cary. "The
              misconduct of government prosecutors, and one or more FBI agents, was
              stunning."

              It was the lawyers' first statement to reporters since they began
              representing Stevens at least two years ago.

              ADVERTISEMENT

              In a brief news conference this morning in Washington, defense
              attorney Brendan Sullivan said the former senator should never have
              been prosecuted.

              "It was a bad judgment to have done so in the first place," said
              Sullivan. "He's a war hero. He served in the Senate for 40 years, and
              he was the target of prosecutors who wanted to enhance their own
              reputation."

              The action today clears Stevens' name, Sullivan said.

              "To us, while this is a joyful day and we're happy that Sen. Stevens
              can resume a normal life without the burden that he's carried over
              these last years," he said, "at age 85, it's a very sad story too.
              Because it's a warning to everyone in this country that any citizen
              can be convicted if the prosecutor ignores the Constitution of the
              United States."

              The dramatic testimony that brought down the case after months of post-
              trial wrangling came Oct. 1 during the second day on the witness stand
              for Bill Allen, the chairman of the defunct oil-field services company
              Veco Corp. It was the fifth day of a trial that would run more than a
              month.

              Allen had described how he had spent tens of thousands of dollars
              renovating Stevens' home in Girdwood starting in 1999 - gifts that
              Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
              note to Allen asking that it be "done right" - he wanted to pay for
              Veco's services. He told Allen that their mutual friend in Girdwood,
              Double Musky restaurant owner Bob Persons, would talk to him about the
              matter.

              "You owe me a bill," the note from Stevens said. "Remember Torricelli,
              my friend. Friendship is one thing, compliance with the ethics rules
              entirely different." Robert Torricelli was a New Jersey senator who
              got into trouble in 2002 for accepting improper gifts from a donor.

              Allen testified that he had a conversation a short time later with
              Persons. But Persons told him the note from Stevens shouldn't be taken
              seriously, Allen said.

              "Don't worry about getting a bill - Ted's just covering his ass,"
              Allen quoted Persons as saying.

              The Allen statement came at the close of testimony for the day.

              With the jury out of the courtroom, a defense attorney yelled foul,
              saying that in all the material turned over to the defense by the
              government under fair-trial rules, there was nothing from Allen
              quoting Persons like that. The defense accused the government and
              Allen of conspiring to make up the testimony. Even worse, they said,
              was that Allen's testimony came at the end of the day, leaving the
              jury to ponder it, unchallenged, overnight.

              The newly discovered interview wasn't transcribed in the usual way,
              the Justice Department said this morning. Rather, it was discovered in
              the notes of attorneys who questioned Allen on April 15, 2008.

              "The notes of the April 15 interview indicate that Bill Allen said,
              among other things, in substance and in part, that he (Bill Allen) did
              not recall talking to Bob Persons regarding giving a bill to the
              defendant," the Justice Department said in its motion to dismiss the
              case. "This statement by Allen during the April 15 interview was
              inconsistent with Allen's recollection at trial where he described a
              conversation with Persons about the Torricelli note."

              The interview notes also say that Allen thought the market value of
              Veco's work on Stevens' home was about $80,000. The government
              introduced evidence from Veco's bookkeeping that suggested it was
              worth about $250,000, though the judge threw out some of that evidence
              because it proved to be wrong.

              "Defendant Stevens was not informed prior to or during trial of the
              statements by Bill Allen on April 15, 2008," the department's motion
              for dismissal said. "This information could have been used by the
              defendant to cross-examine Bill Allen and in arguments to the jury."

              In his statement, Holder didn't say precisely what he meant by the
              "interests of justice" dictating that Stevens not undergo a new trial.
              But Stevens' lawyers had argued that government misconduct was so
              extreme that the only remedy for the judge was to completely dismiss
              the case.

              Stevens, who is 85, lost his re-election bid in November to the former
              Anchorage mayor, Democrat Mark Begich.

              Since Stevens' conviction, the former senator's lawyers have filed
              several motions to outright dismiss his original indictment or to
              grant Stevens a new trial. Their motions have been based in part on
              allegations in a whistle-blower complaint by an Anchorage FBI agent,
              and other allegations of prosecutorial misconduct that emerged after
              Stevens' conviction.

              The complaint by agent Chad Joy said prosecutors deliberately withheld
              information from Stevens' defense team.

              The government appointed a new team of prosecutors when Judge Sullivan
              held in contempt the chief trial lawyer, Brenda Morris, and her boss
              at the Public Integrity Section, William Welch, in contempt for
              failing to turn over material to the defense uncovered in the
              investigation of Joy's allegations. It was the new team, led by Paul
              O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
              week discovered the April 15 meeting with Allen, the Justice
              Department said.

              The Justice Department immediately turned over the notes of the April
              15 meeting to the defense, it said.

              Holder said that the Justice Department's Office of Professional
              Responsibility "will conduct a thorough review of the prosecution of
              this matter."

              "This does not mean or imply that any determination has been made
              about the conduct of those attorneys who handled the investigation and
              trial of this case," he said. "The Department of Justice must always
              ensure that any case in which it is involved is handled fairly and
              consistent with its commitment to justice. Under oftentimes trying
              conditions, the attorneys who serve in this department live up to
              those principles on a daily basis. I am proud of them and of the work
              they do for the American people."

              Stevens' lawyers said Judge Sullivan was key to uncovering the
              misconduct by the Justice Department in the case.

              "Judge Sullivan gave the defense the ability to press for evidence of
              misconduct," the statement said. "When he did so, more and more
              evidence came to light, including the most recent revelation about
              false testimony. Had Judge Sullivan accepted the word of government
              prosecutors as is done often in our courts, the extraordinary
              misconduct would never have been uncovered, and the trial verdict
              might have survived appellate review. Judge Sullivan prevented such a
              tragic outcome."

              Rep. Don Young, who as Alaska's sole congressman spent 30 years
              working with Stevens, said he thought "justice has finally been served."

              "It's a shame that Alaskans lost one of the best lawmakers they've
              ever had last year over a false conviction, but his legacy in Alaska
              will always live on," he said. "I join my fellow Alaskans today in
              standing by Ted and congratulating him and Catherine on the courage
              they've shown throughout this ordeal and the end of this difficult
              journey."

              Stevens' replacement, Begich, said in a statement that "the decision
              by President Obama's Justice Department to end the prosecution of
              Senator Ted Stevens is reasonable."

              "I always said I didn't think Senator Stevens should serve time in
              jail and hopefully this decision ensures that is the case," he said.
              "It's time for Senator Stevens, his family and Alaskans to move on and
              put this behind us."

              Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
              "I was pleased with the news that the Justice Department will drop all
              charges against Senator Ted Stevens, but I am deeply disturbed that
              the government can ruin a man's career and then say 'never mind.'
              There is nothing that will ever compensate for the loss of his
              reputation or leadership to the state of Alaska."

              Murkowski decried the violation of Steven's rights. "Our nation is
              governed by the rule of law, and violations of our civil liberties
              cannot be tolerated," she said. "Prosecutors and law enforcement have
              the power to bring the full weight of the government to bear on
              individuals. If they are willing to bend the law, they put all of our
              civil liberties at risk."

              The Senate Republican eader, Mitch McConnell of Kentucky, called the
              Justice Department's move "a relief to Stevens and his family." But he
              also said that had the Justice Department acted last year, before the
              election, Republicans might not have lost the seat. It would give
              Democrats -- who have 58 seats in the Senate and are likely to gain a
              59th -- one less seat toward a 60-vote, filibuster-proof majority.

              "It was disappointing to lose the seat, no question about it,"
              McConnell said. "No question that if this decision had been made last
              year he'd still be in the Senate."

              Erika Bolstad reported from Washington, D.C., and Richard Mauer from
              Anchorage. E-mail them:ebolstad@... and rmauer@....

              Brent
              Brent E. Turvey, MS - Forensic Science
              Forensic Solutions, LLC
              bturvey@...
              http://www.forensic-science.com

              Author of:
              Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
              http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

              Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
              Elsevier Science
              http://www.forensicvictimology.blogspot.com

              Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
              Science
              http://crimereconstruction.blogspot.com

              "... the intermixing of science and politics is a bad combination with
              a bad history. We must remember the history, and be certain that what
              we present to the world as knowledge is disinterested and honest."
              - Crichton, M. (2004) State of Fear, New York: Harper-Collins
              Publisher; p.638

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            • gunis77@aol.com
              Brent, Your assumptions make it painfully clear that you indeed are not a scientist at all. At least you are not behaving as such. In a message dated
              Message 6 of 10 , Apr 1, 2009
              • 0 Attachment
                Brent,

                Your assumptions make it painfully clear that you indeed are not a scientist
                at all. At least you are not behaving as such.



                In a message dated 04/02/2009 12:29:35 A.M. Central Daylight Time,
                bturvey@... writes:

                Jeff;

                This is not a contest. And you work primarily giving training to law
                enforcement in an area than is all but law enforcement controlled -
                bloodstain pattern analysis. An area that has actually suffered with
                respect to good science because of the proliferation of non-scientist
                training within LE on the area. This, again, was made clear in the NAS
                Report.

                Taken from McCoppin (2007; http://www.dailyherald.com/story/print/?id=24670)
                :

                "...Jeff Gurvis, a former crime scene coordinator for what's now the
                Northeastern Illinois Regional Crime Lab, is part of a group of
                forensic scientists working for the FBI to develop minimum standards
                for education, training and working procedures for blood pattern
                analysis."

                The regional Crime Lab is actually a police crime lab, if I recall.

                Our conversations over the years, on the phone and over email, have
                made your predispositions painfully clear. And the issue of experience
                has not been on the table in this conversation. Not sure why you've
                brought it up.

                You wrote: "That day is fast approaching...."?

                I'm not sure what that means, but it reminds me of the time you told
                me to "bring it" a couple of weeks ago.

                Again, this isn't a competition. This is about science and scientific
                culture. The FBI and the culture it promulgates is everything that is
                wrong with Forensic Science culture by way of funding, influence, and
                its penetration of the community.

                Brent


                On Apr 1, 2009, at 9:08 PM, gunis77@... wrote:

                Brent,

                I think I have read it several times now. You know I don't work in law
                enforcement, right? Your accusations that I have a bias are completely
                unfounded. I have way more experience and intelligence than you give
                me credit for.
                Someday you will realize that.

                That day is fast approaching....



                In a message dated 04/02/2009 12:03:47 A.M. Central Daylight Time,
                bturvey@... writes:

                Jeff;

                The culture of the FBI is a political/ law enforcement oriented one -
                not a scientific one. That is made very clear in the NAS Report. Their
                conduct in this case and many other major cases even on the past few
                years bears this out.

                Did you even read the NAS Report? Because I'm thinking if you did you
                need to read it again. And then you need to think about what it means
                for the profession. And then you need to talk about it with someone
                who doesn't work for or in law enforcement.

                Brent

                On Apr 1, 2009, at 8:38 PM, gunis77@... wrote:

                What does this have to do with the NAS report??? This is what I was
                talking
                about before.

                In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
                bturvey@... writes:

                So the FBI still has clear problems with hiding evidence and
                performing political investigations in a pro-prosecution manner,
                pretty much in line with the concerns of the NAS Report. And the
                consequences will be...?

                Attorney general drops Stevens prosecution
                http://www.adn.com/news/politics/fbi/stevens/story/743906.html
                By ERIKA BOLSTAD and RICHARD MAUER
                Anchorage Daily News

                Published: April 1st, 2009 04:54 AM
                Last Modified: April 1st, 2009 12:24 PM

                WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
                Stevens' indictment this morning, effectively voiding his Oct. 27
                conviction on seven counts of filing false statements on his Senate
                financial disclosure forms.

                The decision by U.S. Attorney General Eric Holder comes after a new
                prosecution team discovered a previously undocumented interview with
                the star witness in the case that sharply contradicted the most
                dramatic testimony in the four-week trial. The information had never
                been turned over to the defense, the Justice Department said in its
                motion.

                "After careful review, I have concluded that certain information
                should have been provided to the defense for use at trial, Holder said
                in a statement released this morning. "In light of this conclusion,
                and in consideration of the totality of the circumstances of this
                particular case, I have determined that it is in the interest of
                justice to dismiss the indictment and not proceed with a new trial."

                The government is seeking dismissal of the charges "with prejudice,"
                meaning that they cannot be filed again.

                U.S. District Judge Emmet Sullivan ordered a hearing on the
                government's motion for April 7.

                "I always knew that there would be a day when the cloud that
                surrounded me would be removed," Stevens said in a written statement
                this morning. "That day has finally come. It is unfortunate that an
                election was affected by proceedings now recognized as unfair. It was
                my great honor to serve the state of Alaska in the United States
                Senate for 40 years."

                Stevens was reported to be traveling in Alaska today and not
                immediately available for an interview.

                In a written statement, Stevens lawyers decried the "corrupt" conduct
                of attorneys and the FBI in the case, though it said Holder and the
                new prosecution team, along with Sullivan, the trial judge, were
                "heroes" for bringing the information to light.

                "This jury verdict was obtained unlawfully," said the statement by
                Washington-based law firm of Williams & Connolly and the two attorneys
                who led the defense team, Brendan Sullivan and Robert Cary. "The
                misconduct of government prosecutors, and one or more FBI agents, was
                stunning."

                It was the lawyers' first statement to reporters since they began
                representing Stevens at least two years ago.

                ADVERTISEMENT

                In a brief news conference this morning in Washington, defense
                attorney Brendan Sullivan said the former senator should never have
                been prosecuted.

                "It was a bad judgment to have done so in the first place," said
                Sullivan. "He's a war hero. He served in the Senate for 40 years, and
                he was the target of prosecutors who wanted to enhance their own
                reputation."

                The action today clears Stevens' name, Sullivan said.

                "To us, while this is a joyful day and we're happy that Sen. Stevens
                can resume a normal life without the burden that he's carried over
                these last years," he said, "at age 85, it's a very sad story too.
                Because it's a warning to everyone in this country that any citizen
                can be convicted if the prosecutor ignores the Constitution of the
                United States."

                The dramatic testimony that brought down the case after months of post-
                trial wrangling came Oct. 1 during the second day on the witness stand
                for Bill Allen, the chairman of the defunct oil-field services company
                Veco Corp. It was the fifth day of a trial that would run more than a
                month.

                Allen had described how he had spent tens of thousands of dollars
                renovating Stevens' home in Girdwood starting in 1999 - gifts that
                Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
                note to Allen asking that it be "done right" - he wanted to pay for
                Veco's services. He told Allen that their mutual friend in Girdwood,
                Double Musky restaurant owner Bob Persons, would talk to him about the
                matter.

                "You owe me a bill," the note from Stevens said. "Remember Torricelli,
                my friend. Friendship is one thing, compliance with the ethics rules
                entirely different." Robert Torricelli was a New Jersey senator who
                got into trouble in 2002 for accepting improper gifts from a donor.

                Allen testified that he had a conversation a short time later with
                Persons. But Persons told him the note from Stevens shouldn't be taken
                seriously, Allen said.

                "Don't worry about getting a bill - Ted's just covering his ass,"
                Allen quoted Persons as saying.

                The Allen statement came at the close of testimony for the day.

                With the jury out of the courtroom, a defense attorney yelled foul,
                saying that in all the material turned over to the defense by the
                government under fair-trial rules, there was nothing from Allen
                quoting Persons like that. The defense accused the government and
                Allen of conspiring to make up the testimony. Even worse, they said,
                was that Allen's testimony came at the end of the day, leaving the
                jury to ponder it, unchallenged, overnight.

                The newly discovered interview wasn't transcribed in the usual way,
                the Justice Department said this morning. Rather, it was discovered in
                the notes of attorneys who questioned Allen on April 15, 2008.

                "The notes of the April 15 interview indicate that Bill Allen said,
                among other things, in substance and in part, that he (Bill Allen) did
                not recall talking to Bob Persons regarding giving a bill to the
                defendant," the Justice Department said in its motion to dismiss the
                case. "This statement by Allen during the April 15 interview was
                inconsistent with Allen's recollection at trial where he described a
                conversation with Persons about the Torricelli note."

                The interview notes also say that Allen thought the market value of
                Veco's work on Stevens' home was about $80,000. The government
                introduced evidence from Veco's bookkeeping that suggested it was
                worth about $250,000, though the judge threw out some of that evidence
                because it proved to be wrong.

                "Defendant Stevens was not informed prior to or during trial of the
                statements by Bill Allen on April 15, 2008," the department's motion
                for dismissal said. "This information could have been used by the
                defendant to cross-examine Bill Allen and in arguments to the jury."

                In his statement, Holder didn't say precisely what he meant by the
                "interests of justice" dictating that Stevens not undergo a new trial.
                But Stevens' lawyers had argued that government misconduct was so
                extreme that the only remedy for the judge was to completely dismiss
                the case.

                Stevens, who is 85, lost his re-election bid in November to the former
                Anchorage mayor, Democrat Mark Begich.

                Since Stevens' conviction, the former senator's lawyers have filed
                several motions to outright dismiss his original indictment or to
                grant Stevens a new trial. Their motions have been based in part on
                allegations in a whistle-blower complaint by an Anchorage FBI agent,
                and other allegations of prosecutorial misconduct that emerged after
                Stevens' conviction.

                The complaint by agent Chad Joy said prosecutors deliberately withheld
                information from Stevens' defense team.

                The government appointed a new team of prosecutors when Judge Sullivan
                held in contempt the chief trial lawyer, Brenda Morris, and her boss
                at the Public Integrity Section, William Welch, in contempt for
                failing to turn over material to the defense uncovered in the
                investigation of Joy's allegations. It was the new team, led by Paul
                O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
                week discovered the April 15 meeting with Allen, the Justice
                Department said.

                The Justice Department immediately turned over the notes of the April
                15 meeting to the defense, it said.

                Holder said that the Justice Department's Office of Professional
                Responsibility "will conduct a thorough review of the prosecution of
                this matter."

                "This does not mean or imply that any determination has been made
                about the conduct of those attorneys who handled the investigation and
                trial of this case," he said. "The Department of Justice must always
                ensure that any case in which it is involved is handled fairly and
                consistent with its commitment to justice. Under oftentimes trying
                conditions, the attorneys who serve in this department live up to
                those principles on a daily basis. I am proud of them and of the work
                they do for the American people."

                Stevens' lawyers said Judge Sullivan was key to uncovering the
                misconduct by the Justice Department in the case.

                "Judge Sullivan gave the defense the ability to press for evidence of
                misconduct," the statement said. "When he did so, more and more
                evidence came to light, including the most recent revelation about
                false testimony. Had Judge Sullivan accepted the word of government
                prosecutors as is done often in our courts, the extraordinary
                misconduct would never have been uncovered, and the trial verdict
                might have survived appellate review. Judge Sullivan prevented such a
                tragic outcome."

                Rep. Don Young, who as Alaska's sole congressman spent 30 years
                working with Stevens, said he thought "justice has finally been served."

                "It's a shame that Alaskans lost one of the best lawmakers they've
                ever had last year over a false conviction, but his legacy in Alaska
                will always live on," he said. "I join my fellow Alaskans today in
                standing by Ted and congratulating him and Catherine on the courage
                they've shown throughout this ordeal and the end of this difficult
                journey."

                Stevens' replacement, Begich, said in a statement that "the decision
                by President Obama's Justice Department to end the prosecution of
                Senator Ted Stevens is reasonable."

                "I always said I didn't think Senator Stevens should serve time in
                jail and hopefully this decision ensures that is the case," he said.
                "It's time for Senator Stevens, his family and Alaskans to move on and
                put this behind us."

                Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
                "I was pleased with the news that the Justice Department will drop all
                charges against Senator Ted Stevens, but I am deeply disturbed that
                the government can ruin a man's career and then say 'never mind.'
                There is nothing that will ever compensate for the loss of his
                reputation or leadership to the state of Alaska."

                Murkowski decried the violation of Steven's rights. "Our nation is
                governed by the rule of law, and violations of our civil liberties
                cannot be tolerated," she said. "Prosecutors and law enforcement have
                the power to bring the full weight of the government to bear on
                individuals. If they are willing to bend the law, they put all of our
                civil liberties at risk."

                The Senate Republican eader, Mitch McConnell of Kentucky, called the
                Justice Department's move "a relief to Stevens and his family." But he
                also said that had the Justice Department acted last year, before the
                election, Republicans might not have lost the seat. It would give
                Democrats -- who have 58 seats in the Senate and are likely to gain a
                59th -- one less seat toward a 60-vote, filibuster-proof majority.

                "It was disappointing to lose the seat, no question about it,"
                McConnell said. "No question that if this decision had been made last
                year he'd still be in the Senate."

                Erika Bolstad reported from Washington, D.C., and Richard Mauer from
                Anchorage. E-mail them:ebolstad@... and rmauer@....

                Brent
                Brent E. Turvey, MS - Forensic Science
                Forensic Solutions, LLC
                bturvey@...
                http://www.forensic-science.com

                Author of:
                Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
                http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

                Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
                Elsevier Science
                http://www.forensicvictimology.blogspot.com

                Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
                Science
                http://crimereconstruction.blogspot.com

                "... the intermixing of science and politics is a bad combination with
                a bad history. We must remember the history, and be certain that what
                we present to the world as knowledge is disinterested and honest."
                - Crichton, M. (2004) State of Fear, New York: Harper-Collins
                Publisher; p.638

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              • Brent Turvey
                Jeff; I ve made no assumptions in any of the posts or assertions provided on my end. And you ve responded with threats and references to your experience. As
                Message 7 of 10 , Apr 1, 2009
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                  Jeff;

                  I've made no assumptions in any of the posts or assertions provided on
                  my end. And you've responded with threats and references to your
                  experience. As well as misrepresenting your place in the community
                  with respect to your relationship with law enforcement. You are indeed
                  a stakeholder on the LE side, as well as the FBI's in particular. I
                  think my point is made.

                  Brent


                  On Apr 1, 2009, at 9:32 PM, gunis77@... wrote:

                  Brent,

                  Your assumptions make it painfully clear that you indeed are not a
                  scientist
                  at all. At least you are not behaving as such.



                  In a message dated 04/02/2009 12:29:35 A.M. Central Daylight Time,
                  bturvey@... writes:

                  Jeff;

                  This is not a contest. And you work primarily giving training to law
                  enforcement in an area than is all but law enforcement controlled -
                  bloodstain pattern analysis. An area that has actually suffered with
                  respect to good science because of the proliferation of non-scientist
                  training within LE on the area. This, again, was made clear in the NAS
                  Report.

                  Taken from McCoppin (2007; http://www.dailyherald.com/story/print/?id=24670)
                  :

                  "...Jeff Gurvis, a former crime scene coordinator for what's now the
                  Northeastern Illinois Regional Crime Lab, is part of a group of
                  forensic scientists working for the FBI to develop minimum standards
                  for education, training and working procedures for blood pattern
                  analysis."

                  The regional Crime Lab is actually a police crime lab, if I recall.

                  Our conversations over the years, on the phone and over email, have
                  made your predispositions painfully clear. And the issue of experience
                  has not been on the table in this conversation. Not sure why you've
                  brought it up.

                  You wrote: "That day is fast approaching...."?

                  I'm not sure what that means, but it reminds me of the time you told
                  me to "bring it" a couple of weeks ago.

                  Again, this isn't a competition. This is about science and scientific
                  culture. The FBI and the culture it promulgates is everything that is
                  wrong with Forensic Science culture by way of funding, influence, and
                  its penetration of the community.

                  Brent

                  On Apr 1, 2009, at 9:08 PM, gunis77@... wrote:

                  Brent,

                  I think I have read it several times now. You know I don't work in law
                  enforcement, right? Your accusations that I have a bias are completely
                  unfounded. I have way more experience and intelligence than you give
                  me credit for.
                  Someday you will realize that.

                  That day is fast approaching....

                  In a message dated 04/02/2009 12:03:47 A.M. Central Daylight Time,
                  bturvey@... writes:

                  Jeff;

                  The culture of the FBI is a political/ law enforcement oriented one -
                  not a scientific one. That is made very clear in the NAS Report. Their
                  conduct in this case and many other major cases even on the past few
                  years bears this out.

                  Did you even read the NAS Report? Because I'm thinking if you did you
                  need to read it again. And then you need to think about what it means
                  for the profession. And then you need to talk about it with someone
                  who doesn't work for or in law enforcement.

                  Brent

                  On Apr 1, 2009, at 8:38 PM, gunis77@... wrote:

                  What does this have to do with the NAS report??? This is what I was
                  talking
                  about before.

                  In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
                  bturvey@... writes:

                  So the FBI still has clear problems with hiding evidence and
                  performing political investigations in a pro-prosecution manner,
                  pretty much in line with the concerns of the NAS Report. And the
                  consequences will be...?

                  Attorney general drops Stevens prosecution
                  http://www.adn.com/news/politics/fbi/stevens/story/743906.html
                  By ERIKA BOLSTAD and RICHARD MAUER
                  Anchorage Daily News

                  Published: April 1st, 2009 04:54 AM
                  Last Modified: April 1st, 2009 12:24 PM

                  WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
                  Stevens' indictment this morning, effectively voiding his Oct. 27
                  conviction on seven counts of filing false statements on his Senate
                  financial disclosure forms.

                  The decision by U.S. Attorney General Eric Holder comes after a new
                  prosecution team discovered a previously undocumented interview with
                  the star witness in the case that sharply contradicted the most
                  dramatic testimony in the four-week trial. The information had never
                  been turned over to the defense, the Justice Department said in its
                  motion.

                  "After careful review, I have concluded that certain information
                  should have been provided to the defense for use at trial, Holder said
                  in a statement released this morning. "In light of this conclusion,
                  and in consideration of the totality of the circumstances of this
                  particular case, I have determined that it is in the interest of
                  justice to dismiss the indictment and not proceed with a new trial."

                  The government is seeking dismissal of the charges "with prejudice,"
                  meaning that they cannot be filed again.

                  U.S. District Judge Emmet Sullivan ordered a hearing on the
                  government's motion for April 7.

                  "I always knew that there would be a day when the cloud that
                  surrounded me would be removed," Stevens said in a written statement
                  this morning. "That day has finally come. It is unfortunate that an
                  election was affected by proceedings now recognized as unfair. It was
                  my great honor to serve the state of Alaska in the United States
                  Senate for 40 years."

                  Stevens was reported to be traveling in Alaska today and not
                  immediately available for an interview.

                  In a written statement, Stevens lawyers decried the "corrupt" conduct
                  of attorneys and the FBI in the case, though it said Holder and the
                  new prosecution team, along with Sullivan, the trial judge, were
                  "heroes" for bringing the information to light.

                  "This jury verdict was obtained unlawfully," said the statement by
                  Washington-based law firm of Williams & Connolly and the two attorneys
                  who led the defense team, Brendan Sullivan and Robert Cary. "The
                  misconduct of government prosecutors, and one or more FBI agents, was
                  stunning."

                  It was the lawyers' first statement to reporters since they began
                  representing Stevens at least two years ago.

                  ADVERTISEMENT

                  In a brief news conference this morning in Washington, defense
                  attorney Brendan Sullivan said the former senator should never have
                  been prosecuted.

                  "It was a bad judgment to have done so in the first place," said
                  Sullivan. "He's a war hero. He served in the Senate for 40 years, and
                  he was the target of prosecutors who wanted to enhance their own
                  reputation."

                  The action today clears Stevens' name, Sullivan said.

                  "To us, while this is a joyful day and we're happy that Sen. Stevens
                  can resume a normal life without the burden that he's carried over
                  these last years," he said, "at age 85, it's a very sad story too.
                  Because it's a warning to everyone in this country that any citizen
                  can be convicted if the prosecutor ignores the Constitution of the
                  United States."

                  The dramatic testimony that brought down the case after months of post-
                  trial wrangling came Oct. 1 during the second day on the witness stand
                  for Bill Allen, the chairman of the defunct oil-field services company
                  Veco Corp. It was the fifth day of a trial that would run more than a
                  month.

                  Allen had described how he had spent tens of thousands of dollars
                  renovating Stevens' home in Girdwood starting in 1999 - gifts that
                  Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
                  note to Allen asking that it be "done right" - he wanted to pay for
                  Veco's services. He told Allen that their mutual friend in Girdwood,
                  Double Musky restaurant owner Bob Persons, would talk to him about the
                  matter.

                  "You owe me a bill," the note from Stevens said. "Remember Torricelli,
                  my friend. Friendship is one thing, compliance with the ethics rules
                  entirely different." Robert Torricelli was a New Jersey senator who
                  got into trouble in 2002 for accepting improper gifts from a donor.

                  Allen testified that he had a conversation a short time later with
                  Persons. But Persons told him the note from Stevens shouldn't be taken
                  seriously, Allen said.

                  "Don't worry about getting a bill - Ted's just covering his ass,"
                  Allen quoted Persons as saying.

                  The Allen statement came at the close of testimony for the day.

                  With the jury out of the courtroom, a defense attorney yelled foul,
                  saying that in all the material turned over to the defense by the
                  government under fair-trial rules, there was nothing from Allen
                  quoting Persons like that. The defense accused the government and
                  Allen of conspiring to make up the testimony. Even worse, they said,
                  was that Allen's testimony came at the end of the day, leaving the
                  jury to ponder it, unchallenged, overnight.

                  The newly discovered interview wasn't transcribed in the usual way,
                  the Justice Department said this morning. Rather, it was discovered in
                  the notes of attorneys who questioned Allen on April 15, 2008.

                  "The notes of the April 15 interview indicate that Bill Allen said,
                  among other things, in substance and in part, that he (Bill Allen) did
                  not recall talking to Bob Persons regarding giving a bill to the
                  defendant," the Justice Department said in its motion to dismiss the
                  case. "This statement by Allen during the April 15 interview was
                  inconsistent with Allen's recollection at trial where he described a
                  conversation with Persons about the Torricelli note."

                  The interview notes also say that Allen thought the market value of
                  Veco's work on Stevens' home was about $80,000. The government
                  introduced evidence from Veco's bookkeeping that suggested it was
                  worth about $250,000, though the judge threw out some of that evidence
                  because it proved to be wrong.

                  "Defendant Stevens was not informed prior to or during trial of the
                  statements by Bill Allen on April 15, 2008," the department's motion
                  for dismissal said. "This information could have been used by the
                  defendant to cross-examine Bill Allen and in arguments to the jury."

                  In his statement, Holder didn't say precisely what he meant by the
                  "interests of justice" dictating that Stevens not undergo a new trial.
                  But Stevens' lawyers had argued that government misconduct was so
                  extreme that the only remedy for the judge was to completely dismiss
                  the case.

                  Stevens, who is 85, lost his re-election bid in November to the former
                  Anchorage mayor, Democrat Mark Begich.

                  Since Stevens' conviction, the former senator's lawyers have filed
                  several motions to outright dismiss his original indictment or to
                  grant Stevens a new trial. Their motions have been based in part on
                  allegations in a whistle-blower complaint by an Anchorage FBI agent,
                  and other allegations of prosecutorial misconduct that emerged after
                  Stevens' conviction.

                  The complaint by agent Chad Joy said prosecutors deliberately withheld
                  information from Stevens' defense team.

                  The government appointed a new team of prosecutors when Judge Sullivan
                  held in contempt the chief trial lawyer, Brenda Morris, and her boss
                  at the Public Integrity Section, William Welch, in contempt for
                  failing to turn over material to the defense uncovered in the
                  investigation of Joy's allegations. It was the new team, led by Paul
                  O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
                  week discovered the April 15 meeting with Allen, the Justice
                  Department said.

                  The Justice Department immediately turned over the notes of the April
                  15 meeting to the defense, it said.

                  Holder said that the Justice Department's Office of Professional
                  Responsibility "will conduct a thorough review of the prosecution of
                  this matter."

                  "This does not mean or imply that any determination has been made
                  about the conduct of those attorneys who handled the investigation and
                  trial of this case," he said. "The Department of Justice must always
                  ensure that any case in which it is involved is handled fairly and
                  consistent with its commitment to justice. Under oftentimes trying
                  conditions, the attorneys who serve in this department live up to
                  those principles on a daily basis. I am proud of them and of the work
                  they do for the American people."

                  Stevens' lawyers said Judge Sullivan was key to uncovering the
                  misconduct by the Justice Department in the case.

                  "Judge Sullivan gave the defense the ability to press for evidence of
                  misconduct," the statement said. "When he did so, more and more
                  evidence came to light, including the most recent revelation about
                  false testimony. Had Judge Sullivan accepted the word of government
                  prosecutors as is done often in our courts, the extraordinary
                  misconduct would never have been uncovered, and the trial verdict
                  might have survived appellate review. Judge Sullivan prevented such a
                  tragic outcome."

                  Rep. Don Young, who as Alaska's sole congressman spent 30 years
                  working with Stevens, said he thought "justice has finally been served."

                  "It's a shame that Alaskans lost one of the best lawmakers they've
                  ever had last year over a false conviction, but his legacy in Alaska
                  will always live on," he said. "I join my fellow Alaskans today in
                  standing by Ted and congratulating him and Catherine on the courage
                  they've shown throughout this ordeal and the end of this difficult
                  journey."

                  Stevens' replacement, Begich, said in a statement that "the decision
                  by President Obama's Justice Department to end the prosecution of
                  Senator Ted Stevens is reasonable."

                  "I always said I didn't think Senator Stevens should serve time in
                  jail and hopefully this decision ensures that is the case," he said.
                  "It's time for Senator Stevens, his family and Alaskans to move on and
                  put this behind us."

                  Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
                  "I was pleased with the news that the Justice Department will drop all
                  charges against Senator Ted Stevens, but I am deeply disturbed that
                  the government can ruin a man's career and then say 'never mind.'
                  There is nothing that will ever compensate for the loss of his
                  reputation or leadership to the state of Alaska."

                  Murkowski decried the violation of Steven's rights. "Our nation is
                  governed by the rule of law, and violations of our civil liberties
                  cannot be tolerated," she said. "Prosecutors and law enforcement have
                  the power to bring the full weight of the government to bear on
                  individuals. If they are willing to bend the law, they put all of our
                  civil liberties at risk."

                  The Senate Republican eader, Mitch McConnell of Kentucky, called the
                  Justice Department's move "a relief to Stevens and his family." But he
                  also said that had the Justice Department acted last year, before the
                  election, Republicans might not have lost the seat. It would give
                  Democrats -- who have 58 seats in the Senate and are likely to gain a
                  59th -- one less seat toward a 60-vote, filibuster-proof majority.

                  "It was disappointing to lose the seat, no question about it,"
                  McConnell said. "No question that if this decision had been made last
                  year he'd still be in the Senate."

                  Erika Bolstad reported from Washington, D.C., and Richard Mauer from
                  Anchorage. E-mail them:ebolstad@... and rmauer@....

                  Brent
                  Brent E. Turvey, MS - Forensic Science
                  Forensic Solutions, LLC
                  bturvey@...
                  http://www.forensic-science.com

                  Author of:
                  Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
                  http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

                  Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
                  Elsevier Science
                  http://www.forensicvictimology.blogspot.com

                  Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
                  Science
                  http://crimereconstruction.blogspot.com

                  "... the intermixing of science and politics is a bad combination with
                  a bad history. We must remember the history, and be certain that what
                  we present to the world as knowledge is disinterested and honest."
                  - Crichton, M. (2004) State of Fear, New York: Harper-Collins
                  Publisher; p.638

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                • gunis77@aol.com
                  You are so misinformed yet speak with such conviction that I am now inclined to think that you are now irrelevant. I will no longer respond to anything you
                  Message 8 of 10 , Apr 1, 2009
                  • 0 Attachment
                    You are so misinformed yet speak with such conviction that I am now inclined
                    to think that you are now irrelevant. I will no longer respond to anything
                    you have to say.


                    In a message dated 04/02/2009 12:38:22 A.M. Central Daylight Time,
                    bturvey@... writes:

                    Jeff;

                    I've made no assumptions in any of the posts or assertions provided on
                    my end. And you've responded with threats and references to your
                    experience. As well as misrepresenting your place in the community
                    with respect to your relationship with law enforcement. You are indeed
                    a stakeholder on the LE side, as well as the FBI's in particular. I
                    think my point is made.

                    Brent


                    On Apr 1, 2009, at 9:32 PM, gunis77@... wrote:

                    Brent,

                    Your assumptions make it painfully clear that you indeed are not a
                    scientist
                    at all. At least you are not behaving as such.



                    In a message dated 04/02/2009 12:29:35 A.M. Central Daylight Time,
                    bturvey@... writes:

                    Jeff;

                    This is not a contest. And you work primarily giving training to law
                    enforcement in an area than is all but law enforcement controlled -
                    bloodstain pattern analysis. An area that has actually suffered with
                    respect to good science because of the proliferation of non-scientist
                    training within LE on the area. This, again, was made clear in the NAS
                    Report.

                    Taken from McCoppin (2007; http://www.dailyherald.com/story/print/?id=24670)
                    :

                    "...Jeff Gurvis, a former crime scene coordinator for what's now the
                    Northeastern Illinois Regional Crime Lab, is part of a group of
                    forensic scientists working for the FBI to develop minimum standards
                    for education, training and working procedures for blood pattern
                    analysis."

                    The regional Crime Lab is actually a police crime lab, if I recall.

                    Our conversations over the years, on the phone and over email, have
                    made your predispositions painfully clear. And the issue of experience
                    has not been on the table in this conversation. Not sure why you've
                    brought it up.

                    You wrote: "That day is fast approaching...."?

                    I'm not sure what that means, but it reminds me of the time you told
                    me to "bring it" a couple of weeks ago.

                    Again, this isn't a competition. This is about science and scientific
                    culture. The FBI and the culture it promulgates is everything that is
                    wrong with Forensic Science culture by way of funding, influence, and
                    its penetration of the community.

                    Brent

                    On Apr 1, 2009, at 9:08 PM, gunis77@... wrote:

                    Brent,

                    I think I have read it several times now. You know I don't work in law
                    enforcement, right? Your accusations that I have a bias are completely
                    unfounded. I have way more experience and intelligence than you give
                    me credit for.
                    Someday you will realize that.

                    That day is fast approaching....

                    In a message dated 04/02/2009 12:03:47 A.M. Central Daylight Time,
                    bturvey@... writes:

                    Jeff;

                    The culture of the FBI is a political/ law enforcement oriented one -
                    not a scientific one. That is made very clear in the NAS Report. Their
                    conduct in this case and many other major cases even on the past few
                    years bears this out.

                    Did you even read the NAS Report? Because I'm thinking if you did you
                    need to read it again. And then you need to think about what it means
                    for the profession. And then you need to talk about it with someone
                    who doesn't work for or in law enforcement.

                    Brent

                    On Apr 1, 2009, at 8:38 PM, gunis77@... wrote:

                    What does this have to do with the NAS report??? This is what I was
                    talking
                    about before.

                    In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
                    bturvey@... writes:

                    So the FBI still has clear problems with hiding evidence and
                    performing political investigations in a pro-prosecution manner,
                    pretty much in line with the concerns of the NAS Report. And the
                    consequences will be...?

                    Attorney general drops Stevens prosecution
                    http://www.adn.com/news/politics/fbi/stevens/story/743906.html
                    By ERIKA BOLSTAD and RICHARD MAUER
                    Anchorage Daily News

                    Published: April 1st, 2009 04:54 AM
                    Last Modified: April 1st, 2009 12:24 PM

                    WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
                    Stevens' indictment this morning, effectively voiding his Oct. 27
                    conviction on seven counts of filing false statements on his Senate
                    financial disclosure forms.

                    The decision by U.S. Attorney General Eric Holder comes after a new
                    prosecution team discovered a previously undocumented interview with
                    the star witness in the case that sharply contradicted the most
                    dramatic testimony in the four-week trial. The information had never
                    been turned over to the defense, the Justice Department said in its
                    motion.

                    "After careful review, I have concluded that certain information
                    should have been provided to the defense for use at trial, Holder said
                    in a statement released this morning. "In light of this conclusion,
                    and in consideration of the totality of the circumstances of this
                    particular case, I have determined that it is in the interest of
                    justice to dismiss the indictment and not proceed with a new trial."

                    The government is seeking dismissal of the charges "with prejudice,"
                    meaning that they cannot be filed again.

                    U.S. District Judge Emmet Sullivan ordered a hearing on the
                    government's motion for April 7.

                    "I always knew that there would be a day when the cloud that
                    surrounded me would be removed," Stevens said in a written statement
                    this morning. "That day has finally come. It is unfortunate that an
                    election was affected by proceedings now recognized as unfair. It was
                    my great honor to serve the state of Alaska in the United States
                    Senate for 40 years."

                    Stevens was reported to be traveling in Alaska today and not
                    immediately available for an interview.

                    In a written statement, Stevens lawyers decried the "corrupt" conduct
                    of attorneys and the FBI in the case, though it said Holder and the
                    new prosecution team, along with Sullivan, the trial judge, were
                    "heroes" for bringing the information to light.

                    "This jury verdict was obtained unlawfully," said the statement by
                    Washington-based law firm of Williams & Connolly and the two attorneys
                    who led the defense team, Brendan Sullivan and Robert Cary. "The
                    misconduct of government prosecutors, and one or more FBI agents, was
                    stunning."

                    It was the lawyers' first statement to reporters since they began
                    representing Stevens at least two years ago.

                    ADVERTISEMENT

                    In a brief news conference this morning in Washington, defense
                    attorney Brendan Sullivan said the former senator should never have
                    been prosecuted.

                    "It was a bad judgment to have done so in the first place," said
                    Sullivan. "He's a war hero. He served in the Senate for 40 years, and
                    he was the target of prosecutors who wanted to enhance their own
                    reputation."

                    The action today clears Stevens' name, Sullivan said.

                    "To us, while this is a joyful day and we're happy that Sen. Stevens
                    can resume a normal life without the burden that he's carried over
                    these last years," he said, "at age 85, it's a very sad story too.
                    Because it's a warning to everyone in this country that any citizen
                    can be convicted if the prosecutor ignores the Constitution of the
                    United States."

                    The dramatic testimony that brought down the case after months of post-
                    trial wrangling came Oct. 1 during the second day on the witness stand
                    for Bill Allen, the chairman of the defunct oil-field services company
                    Veco Corp. It was the fifth day of a trial that would run more than a
                    month.

                    Allen had described how he had spent tens of thousands of dollars
                    renovating Stevens' home in Girdwood starting in 1999 - gifts that
                    Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
                    note to Allen asking that it be "done right" - he wanted to pay for
                    Veco's services. He told Allen that their mutual friend in Girdwood,
                    Double Musky restaurant owner Bob Persons, would talk to him about the
                    matter.

                    "You owe me a bill," the note from Stevens said. "Remember Torricelli,
                    my friend. Friendship is one thing, compliance with the ethics rules
                    entirely different." Robert Torricelli was a New Jersey senator who
                    got into trouble in 2002 for accepting improper gifts from a donor.

                    Allen testified that he had a conversation a short time later with
                    Persons. But Persons told him the note from Stevens shouldn't be taken
                    seriously, Allen said.

                    "Don't worry about getting a bill - Ted's just covering his ass,"
                    Allen quoted Persons as saying.

                    The Allen statement came at the close of testimony for the day.

                    With the jury out of the courtroom, a defense attorney yelled foul,
                    saying that in all the material turned over to the defense by the
                    government under fair-trial rules, there was nothing from Allen
                    quoting Persons like that. The defense accused the government and
                    Allen of conspiring to make up the testimony. Even worse, they said,
                    was that Allen's testimony came at the end of the day, leaving the
                    jury to ponder it, unchallenged, overnight.

                    The newly discovered interview wasn't transcribed in the usual way,
                    the Justice Department said this morning. Rather, it was discovered in
                    the notes of attorneys who questioned Allen on April 15, 2008.

                    "The notes of the April 15 interview indicate that Bill Allen said,
                    among other things, in substance and in part, that he (Bill Allen) did
                    not recall talking to Bob Persons regarding giving a bill to the
                    defendant," the Justice Department said in its motion to dismiss the
                    case. "This statement by Allen during the April 15 interview was
                    inconsistent with Allen's recollection at trial where he described a
                    conversation with Persons about the Torricelli note."

                    The interview notes also say that Allen thought the market value of
                    Veco's work on Stevens' home was about $80,000. The government
                    introduced evidence from Veco's bookkeeping that suggested it was
                    worth about $250,000, though the judge threw out some of that evidence
                    because it proved to be wrong.

                    "Defendant Stevens was not informed prior to or during trial of the
                    statements by Bill Allen on April 15, 2008," the department's motion
                    for dismissal said. "This information could have been used by the
                    defendant to cross-examine Bill Allen and in arguments to the jury."

                    In his statement, Holder didn't say precisely what he meant by the
                    "interests of justice" dictating that Stevens not undergo a new trial.
                    But Stevens' lawyers had argued that government misconduct was so
                    extreme that the only remedy for the judge was to completely dismiss
                    the case.

                    Stevens, who is 85, lost his re-election bid in November to the former
                    Anchorage mayor, Democrat Mark Begich.

                    Since Stevens' conviction, the former senator's lawyers have filed
                    several motions to outright dismiss his original indictment or to
                    grant Stevens a new trial. Their motions have been based in part on
                    allegations in a whistle-blower complaint by an Anchorage FBI agent,
                    and other allegations of prosecutorial misconduct that emerged after
                    Stevens' conviction.

                    The complaint by agent Chad Joy said prosecutors deliberately withheld
                    information from Stevens' defense team.

                    The government appointed a new team of prosecutors when Judge Sullivan
                    held in contempt the chief trial lawyer, Brenda Morris, and her boss
                    at the Public Integrity Section, William Welch, in contempt for
                    failing to turn over material to the defense uncovered in the
                    investigation of Joy's allegations. It was the new team, led by Paul
                    O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
                    week discovered the April 15 meeting with Allen, the Justice
                    Department said.

                    The Justice Department immediately turned over the notes of the April
                    15 meeting to the defense, it said.

                    Holder said that the Justice Department's Office of Professional
                    Responsibility "will conduct a thorough review of the prosecution of
                    this matter."

                    "This does not mean or imply that any determination has been made
                    about the conduct of those attorneys who handled the investigation and
                    trial of this case," he said. "The Department of Justice must always
                    ensure that any case in which it is involved is handled fairly and
                    consistent with its commitment to justice. Under oftentimes trying
                    conditions, the attorneys who serve in this department live up to
                    those principles on a daily basis. I am proud of them and of the work
                    they do for the American people."

                    Stevens' lawyers said Judge Sullivan was key to uncovering the
                    misconduct by the Justice Department in the case.

                    "Judge Sullivan gave the defense the ability to press for evidence of
                    misconduct," the statement said. "When he did so, more and more
                    evidence came to light, including the most recent revelation about
                    false testimony. Had Judge Sullivan accepted the word of government
                    prosecutors as is done often in our courts, the extraordinary
                    misconduct would never have been uncovered, and the trial verdict
                    might have survived appellate review. Judge Sullivan prevented such a
                    tragic outcome."

                    Rep. Don Young, who as Alaska's sole congressman spent 30 years
                    working with Stevens, said he thought "justice has finally been served."

                    "It's a shame that Alaskans lost one of the best lawmakers they've
                    ever had last year over a false conviction, but his legacy in Alaska
                    will always live on," he said. "I join my fellow Alaskans today in
                    standing by Ted and congratulating him and Catherine on the courage
                    they've shown throughout this ordeal and the end of this difficult
                    journey."

                    Stevens' replacement, Begich, said in a statement that "the decision
                    by President Obama's Justice Department to end the prosecution of
                    Senator Ted Stevens is reasonable."

                    "I always said I didn't think Senator Stevens should serve time in
                    jail and hopefully this decision ensures that is the case," he said.
                    "It's time for Senator Stevens, his family and Alaskans to move on and
                    put this behind us."

                    Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
                    "I was pleased with the news that the Justice Department will drop all
                    charges against Senator Ted Stevens, but I am deeply disturbed that
                    the government can ruin a man's career and then say 'never mind.'
                    There is nothing that will ever compensate for the loss of his
                    reputation or leadership to the state of Alaska."

                    Murkowski decried the violation of Steven's rights. "Our nation is
                    governed by the rule of law, and violations of our civil liberties
                    cannot be tolerated," she said. "Prosecutors and law enforcement have
                    the power to bring the full weight of the government to bear on
                    individuals. If they are willing to bend the law, they put all of our
                    civil liberties at risk."

                    The Senate Republican eader, Mitch McConnell of Kentucky, called the
                    Justice Department's move "a relief to Stevens and his family." But he
                    also said that had the Justice Department acted last year, before the
                    election, Republicans might not have lost the seat. It would give
                    Democrats -- who have 58 seats in the Senate and are likely to gain a
                    59th -- one less seat toward a 60-vote, filibuster-proof majority.

                    "It was disappointing to lose the seat, no question about it,"
                    McConnell said. "No question that if this decision had been made last
                    year he'd still be in the Senate."

                    Erika Bolstad reported from Washington, D.C., and Richard Mauer from
                    Anchorage. E-mail them:ebolstad@... and rmauer@....

                    Brent
                    Brent E. Turvey, MS - Forensic Science
                    Forensic Solutions, LLC
                    bturvey@...
                    http://www.forensic-science.com

                    Author of:
                    Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
                    http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

                    Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
                    Elsevier Science
                    http://www.forensicvictimology.blogspot.com

                    Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
                    Science
                    http://crimereconstruction.blogspot.com

                    "... the intermixing of science and politics is a bad combination with
                    a bad history. We must remember the history, and be certain that what
                    we present to the world as knowledge is disinterested and honest."
                    - Crichton, M. (2004) State of Fear, New York: Harper-Collins
                    Publisher; p.638

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                  • Brent Turvey
                    Jeff; You keep saying things without backing them up with any evidence. And I post nothing with clearly supported argumentation. I can agree with you, however,
                    Message 9 of 10 , Apr 1, 2009
                    • 0 Attachment
                      Jeff;

                      You keep saying things without backing them up with any evidence. And
                      I post nothing with clearly supported argumentation. I can agree with
                      you, however, that what I am doing professionally is not very relevant
                      to what you are apparently doing, so we can leave it at that.

                      Good luck.

                      Brent

                      On Apr 1, 2009, at 9:41 PM, gunis77@... wrote:

                      You are so misinformed yet speak with such conviction that I am now
                      inclined
                      to think that you are now irrelevant. I will no longer respond to
                      anything
                      you have to say.


                      In a message dated 04/02/2009 12:38:22 A.M. Central Daylight Time,
                      bturvey@... writes:

                      Jeff;

                      I've made no assumptions in any of the posts or assertions provided on
                      my end. And you've responded with threats and references to your
                      experience. As well as misrepresenting your place in the community
                      with respect to your relationship with law enforcement. You are indeed
                      a stakeholder on the LE side, as well as the FBI's in particular. I
                      think my point is made.

                      Brent

                      On Apr 1, 2009, at 9:32 PM, gunis77@... wrote:

                      Brent,

                      Your assumptions make it painfully clear that you indeed are not a
                      scientist
                      at all. At least you are not behaving as such.

                      In a message dated 04/02/2009 12:29:35 A.M. Central Daylight Time,
                      bturvey@... writes:

                      Jeff;

                      This is not a contest. And you work primarily giving training to law
                      enforcement in an area than is all but law enforcement controlled -
                      bloodstain pattern analysis. An area that has actually suffered with
                      respect to good science because of the proliferation of non-scientist
                      training within LE on the area. This, again, was made clear in the NAS
                      Report.

                      Taken from McCoppin (2007; http://www.dailyherald.com/story/print/?id=24670)
                      :

                      "...Jeff Gurvis, a former crime scene coordinator for what's now the
                      Northeastern Illinois Regional Crime Lab, is part of a group of
                      forensic scientists working for the FBI to develop minimum standards
                      for education, training and working procedures for blood pattern
                      analysis."

                      The regional Crime Lab is actually a police crime lab, if I recall.

                      Our conversations over the years, on the phone and over email, have
                      made your predispositions painfully clear. And the issue of experience
                      has not been on the table in this conversation. Not sure why you've
                      brought it up.

                      You wrote: "That day is fast approaching...."?

                      I'm not sure what that means, but it reminds me of the time you told
                      me to "bring it" a couple of weeks ago.

                      Again, this isn't a competition. This is about science and scientific
                      culture. The FBI and the culture it promulgates is everything that is
                      wrong with Forensic Science culture by way of funding, influence, and
                      its penetration of the community.

                      Brent

                      On Apr 1, 2009, at 9:08 PM, gunis77@... wrote:

                      Brent,

                      I think I have read it several times now. You know I don't work in law
                      enforcement, right? Your accusations that I have a bias are completely
                      unfounded. I have way more experience and intelligence than you give
                      me credit for.
                      Someday you will realize that.

                      That day is fast approaching....

                      In a message dated 04/02/2009 12:03:47 A.M. Central Daylight Time,
                      bturvey@... writes:

                      Jeff;

                      The culture of the FBI is a political/ law enforcement oriented one -
                      not a scientific one. That is made very clear in the NAS Report. Their
                      conduct in this case and many other major cases even on the past few
                      years bears this out.

                      Did you even read the NAS Report? Because I'm thinking if you did you
                      need to read it again. And then you need to think about what it means
                      for the profession. And then you need to talk about it with someone
                      who doesn't work for or in law enforcement.

                      Brent

                      On Apr 1, 2009, at 8:38 PM, gunis77@... wrote:

                      What does this have to do with the NAS report??? This is what I was
                      talking
                      about before.

                      In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
                      bturvey@... writes:

                      So the FBI still has clear problems with hiding evidence and
                      performing political investigations in a pro-prosecution manner,
                      pretty much in line with the concerns of the NAS Report. And the
                      consequences will be...?

                      Attorney general drops Stevens prosecution
                      http://www.adn.com/news/politics/fbi/stevens/story/743906.html
                      By ERIKA BOLSTAD and RICHARD MAUER
                      Anchorage Daily News

                      Published: April 1st, 2009 04:54 AM
                      Last Modified: April 1st, 2009 12:24 PM

                      WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
                      Stevens' indictment this morning, effectively voiding his Oct. 27
                      conviction on seven counts of filing false statements on his Senate
                      financial disclosure forms.

                      The decision by U.S. Attorney General Eric Holder comes after a new
                      prosecution team discovered a previously undocumented interview with
                      the star witness in the case that sharply contradicted the most
                      dramatic testimony in the four-week trial. The information had never
                      been turned over to the defense, the Justice Department said in its
                      motion.

                      "After careful review, I have concluded that certain information
                      should have been provided to the defense for use at trial, Holder said
                      in a statement released this morning. "In light of this conclusion,
                      and in consideration of the totality of the circumstances of this
                      particular case, I have determined that it is in the interest of
                      justice to dismiss the indictment and not proceed with a new trial."

                      The government is seeking dismissal of the charges "with prejudice,"
                      meaning that they cannot be filed again.

                      U.S. District Judge Emmet Sullivan ordered a hearing on the
                      government's motion for April 7.

                      "I always knew that there would be a day when the cloud that
                      surrounded me would be removed," Stevens said in a written statement
                      this morning. "That day has finally come. It is unfortunate that an
                      election was affected by proceedings now recognized as unfair. It was
                      my great honor to serve the state of Alaska in the United States
                      Senate for 40 years."

                      Stevens was reported to be traveling in Alaska today and not
                      immediately available for an interview.

                      In a written statement, Stevens lawyers decried the "corrupt" conduct
                      of attorneys and the FBI in the case, though it said Holder and the
                      new prosecution team, along with Sullivan, the trial judge, were
                      "heroes" for bringing the information to light.

                      "This jury verdict was obtained unlawfully," said the statement by
                      Washington-based law firm of Williams & Connolly and the two attorneys
                      who led the defense team, Brendan Sullivan and Robert Cary. "The
                      misconduct of government prosecutors, and one or more FBI agents, was
                      stunning."

                      It was the lawyers' first statement to reporters since they began
                      representing Stevens at least two years ago.

                      ADVERTISEMENT

                      In a brief news conference this morning in Washington, defense
                      attorney Brendan Sullivan said the former senator should never have
                      been prosecuted.

                      "It was a bad judgment to have done so in the first place," said
                      Sullivan. "He's a war hero. He served in the Senate for 40 years, and
                      he was the target of prosecutors who wanted to enhance their own
                      reputation."

                      The action today clears Stevens' name, Sullivan said.

                      "To us, while this is a joyful day and we're happy that Sen. Stevens
                      can resume a normal life without the burden that he's carried over
                      these last years," he said, "at age 85, it's a very sad story too.
                      Because it's a warning to everyone in this country that any citizen
                      can be convicted if the prosecutor ignores the Constitution of the
                      United States."

                      The dramatic testimony that brought down the case after months of post-
                      trial wrangling came Oct. 1 during the second day on the witness stand
                      for Bill Allen, the chairman of the defunct oil-field services company
                      Veco Corp. It was the fifth day of a trial that would run more than a
                      month.

                      Allen had described how he had spent tens of thousands of dollars
                      renovating Stevens' home in Girdwood starting in 1999 - gifts that
                      Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
                      note to Allen asking that it be "done right" - he wanted to pay for
                      Veco's services. He told Allen that their mutual friend in Girdwood,
                      Double Musky restaurant owner Bob Persons, would talk to him about the
                      matter.

                      "You owe me a bill," the note from Stevens said. "Remember Torricelli,
                      my friend. Friendship is one thing, compliance with the ethics rules
                      entirely different." Robert Torricelli was a New Jersey senator who
                      got into trouble in 2002 for accepting improper gifts from a donor.

                      Allen testified that he had a conversation a short time later with
                      Persons. But Persons told him the note from Stevens shouldn't be taken
                      seriously, Allen said.

                      "Don't worry about getting a bill - Ted's just covering his ass,"
                      Allen quoted Persons as saying.

                      The Allen statement came at the close of testimony for the day.

                      With the jury out of the courtroom, a defense attorney yelled foul,
                      saying that in all the material turned over to the defense by the
                      government under fair-trial rules, there was nothing from Allen
                      quoting Persons like that. The defense accused the government and
                      Allen of conspiring to make up the testimony. Even worse, they said,
                      was that Allen's testimony came at the end of the day, leaving the
                      jury to ponder it, unchallenged, overnight.

                      The newly discovered interview wasn't transcribed in the usual way,
                      the Justice Department said this morning. Rather, it was discovered in
                      the notes of attorneys who questioned Allen on April 15, 2008.

                      "The notes of the April 15 interview indicate that Bill Allen said,
                      among other things, in substance and in part, that he (Bill Allen) did
                      not recall talking to Bob Persons regarding giving a bill to the
                      defendant," the Justice Department said in its motion to dismiss the
                      case. "This statement by Allen during the April 15 interview was
                      inconsistent with Allen's recollection at trial where he described a
                      conversation with Persons about the Torricelli note."

                      The interview notes also say that Allen thought the market value of
                      Veco's work on Stevens' home was about $80,000. The government
                      introduced evidence from Veco's bookkeeping that suggested it was
                      worth about $250,000, though the judge threw out some of that evidence
                      because it proved to be wrong.

                      "Defendant Stevens was not informed prior to or during trial of the
                      statements by Bill Allen on April 15, 2008," the department's motion
                      for dismissal said. "This information could have been used by the
                      defendant to cross-examine Bill Allen and in arguments to the jury."

                      In his statement, Holder didn't say precisely what he meant by the
                      "interests of justice" dictating that Stevens not undergo a new trial.
                      But Stevens' lawyers had argued that government misconduct was so
                      extreme that the only remedy for the judge was to completely dismiss
                      the case.

                      Stevens, who is 85, lost his re-election bid in November to the former
                      Anchorage mayor, Democrat Mark Begich.

                      Since Stevens' conviction, the former senator's lawyers have filed
                      several motions to outright dismiss his original indictment or to
                      grant Stevens a new trial. Their motions have been based in part on
                      allegations in a whistle-blower complaint by an Anchorage FBI agent,
                      and other allegations of prosecutorial misconduct that emerged after
                      Stevens' conviction.

                      The complaint by agent Chad Joy said prosecutors deliberately withheld
                      information from Stevens' defense team.

                      The government appointed a new team of prosecutors when Judge Sullivan
                      held in contempt the chief trial lawyer, Brenda Morris, and her boss
                      at the Public Integrity Section, William Welch, in contempt for
                      failing to turn over material to the defense uncovered in the
                      investigation of Joy's allegations. It was the new team, led by Paul
                      O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
                      week discovered the April 15 meeting with Allen, the Justice
                      Department said.

                      The Justice Department immediately turned over the notes of the April
                      15 meeting to the defense, it said.

                      Holder said that the Justice Department's Office of Professional
                      Responsibility "will conduct a thorough review of the prosecution of
                      this matter."

                      "This does not mean or imply that any determination has been made
                      about the conduct of those attorneys who handled the investigation and
                      trial of this case," he said. "The Department of Justice must always
                      ensure that any case in which it is involved is handled fairly and
                      consistent with its commitment to justice. Under oftentimes trying
                      conditions, the attorneys who serve in this department live up to
                      those principles on a daily basis. I am proud of them and of the work
                      they do for the American people."

                      Stevens' lawyers said Judge Sullivan was key to uncovering the
                      misconduct by the Justice Department in the case.

                      "Judge Sullivan gave the defense the ability to press for evidence of
                      misconduct," the statement said. "When he did so, more and more
                      evidence came to light, including the most recent revelation about
                      false testimony. Had Judge Sullivan accepted the word of government
                      prosecutors as is done often in our courts, the extraordinary
                      misconduct would never have been uncovered, and the trial verdict
                      might have survived appellate review. Judge Sullivan prevented such a
                      tragic outcome."

                      Rep. Don Young, who as Alaska's sole congressman spent 30 years
                      working with Stevens, said he thought "justice has finally been served."

                      "It's a shame that Alaskans lost one of the best lawmakers they've
                      ever had last year over a false conviction, but his legacy in Alaska
                      will always live on," he said. "I join my fellow Alaskans today in
                      standing by Ted and congratulating him and Catherine on the courage
                      they've shown throughout this ordeal and the end of this difficult
                      journey."

                      Stevens' replacement, Begich, said in a statement that "the decision
                      by President Obama's Justice Department to end the prosecution of
                      Senator Ted Stevens is reasonable."

                      "I always said I didn't think Senator Stevens should serve time in
                      jail and hopefully this decision ensures that is the case," he said.
                      "It's time for Senator Stevens, his family and Alaskans to move on and
                      put this behind us."

                      Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
                      "I was pleased with the news that the Justice Department will drop all
                      charges against Senator Ted Stevens, but I am deeply disturbed that
                      the government can ruin a man's career and then say 'never mind.'
                      There is nothing that will ever compensate for the loss of his
                      reputation or leadership to the state of Alaska."

                      Murkowski decried the violation of Steven's rights. "Our nation is
                      governed by the rule of law, and violations of our civil liberties
                      cannot be tolerated," she said. "Prosecutors and law enforcement have
                      the power to bring the full weight of the government to bear on
                      individuals. If they are willing to bend the law, they put all of our
                      civil liberties at risk."

                      The Senate Republican eader, Mitch McConnell of Kentucky, called the
                      Justice Department's move "a relief to Stevens and his family." But he
                      also said that had the Justice Department acted last year, before the
                      election, Republicans might not have lost the seat. It would give
                      Democrats -- who have 58 seats in the Senate and are likely to gain a
                      59th -- one less seat toward a 60-vote, filibuster-proof majority.

                      "It was disappointing to lose the seat, no question about it,"
                      McConnell said. "No question that if this decision had been made last
                      year he'd still be in the Senate."

                      Erika Bolstad reported from Washington, D.C., and Richard Mauer from
                      Anchorage. E-mail them:ebolstad@... and rmauer@....

                      Brent
                      Brent E. Turvey, MS - Forensic Science
                      Forensic Solutions, LLC
                      bturvey@...
                      http://www.forensic-science.com

                      Author of:
                      Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
                      http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

                      Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
                      Elsevier Science
                      http://www.forensicvictimology.blogspot.com

                      Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
                      Science
                      http://crimereconstruction.blogspot.com

                      "... the intermixing of science and politics is a bad combination with
                      a bad history. We must remember the history, and be certain that what
                      we present to the world as knowledge is disinterested and honest."
                      - Crichton, M. (2004) State of Fear, New York: Harper-Collins
                      Publisher; p.638
                    • Brent Turvey
                      Ooops. Word drop. ...nothing without clearly supported argumentation. Spell check error. On Apr 1, 2009, at 9:51 PM, Brent Turvey wrote: Jeff; You keep
                      Message 10 of 10 , Apr 1, 2009
                      • 0 Attachment
                        Ooops. Word drop. "...nothing without clearly supported
                        argumentation." Spell check error.


                        On Apr 1, 2009, at 9:51 PM, Brent Turvey wrote:

                        Jeff;

                        You keep saying things without backing them up with any evidence. And
                        I post nothing with clearly supported argumentation. I can agree with
                        you, however, that what I am doing professionally is not very relevant
                        to what you are apparently doing, so we can leave it at that.

                        Good luck.

                        Brent

                        On Apr 1, 2009, at 9:41 PM, gunis77@... wrote:

                        You are so misinformed yet speak with such conviction that I am now
                        inclined
                        to think that you are now irrelevant. I will no longer respond to
                        anything
                        you have to say.

                        In a message dated 04/02/2009 12:38:22 A.M. Central Daylight Time,
                        bturvey@... writes:

                        Jeff;

                        I've made no assumptions in any of the posts or assertions provided on
                        my end. And you've responded with threats and references to your
                        experience. As well as misrepresenting your place in the community
                        with respect to your relationship with law enforcement. You are indeed
                        a stakeholder on the LE side, as well as the FBI's in particular. I
                        think my point is made.

                        Brent

                        On Apr 1, 2009, at 9:32 PM, gunis77@... wrote:

                        Brent,

                        Your assumptions make it painfully clear that you indeed are not a
                        scientist
                        at all. At least you are not behaving as such.

                        In a message dated 04/02/2009 12:29:35 A.M. Central Daylight Time,
                        bturvey@... writes:

                        Jeff;

                        This is not a contest. And you work primarily giving training to law
                        enforcement in an area than is all but law enforcement controlled -
                        bloodstain pattern analysis. An area that has actually suffered with
                        respect to good science because of the proliferation of non-scientist
                        training within LE on the area. This, again, was made clear in the NAS
                        Report.

                        Taken from McCoppin (2007; http://www.dailyherald.com/story/print/?id=24670)
                        :

                        "...Jeff Gurvis, a former crime scene coordinator for what's now the
                        Northeastern Illinois Regional Crime Lab, is part of a group of
                        forensic scientists working for the FBI to develop minimum standards
                        for education, training and working procedures for blood pattern
                        analysis."

                        The regional Crime Lab is actually a police crime lab, if I recall.

                        Our conversations over the years, on the phone and over email, have
                        made your predispositions painfully clear. And the issue of experience
                        has not been on the table in this conversation. Not sure why you've
                        brought it up.

                        You wrote: "That day is fast approaching...."?

                        I'm not sure what that means, but it reminds me of the time you told
                        me to "bring it" a couple of weeks ago.

                        Again, this isn't a competition. This is about science and scientific
                        culture. The FBI and the culture it promulgates is everything that is
                        wrong with Forensic Science culture by way of funding, influence, and
                        its penetration of the community.

                        Brent

                        On Apr 1, 2009, at 9:08 PM, gunis77@... wrote:

                        Brent,

                        I think I have read it several times now. You know I don't work in law
                        enforcement, right? Your accusations that I have a bias are completely
                        unfounded. I have way more experience and intelligence than you give
                        me credit for.
                        Someday you will realize that.

                        That day is fast approaching....

                        In a message dated 04/02/2009 12:03:47 A.M. Central Daylight Time,
                        bturvey@... writes:

                        Jeff;

                        The culture of the FBI is a political/ law enforcement oriented one -
                        not a scientific one. That is made very clear in the NAS Report. Their
                        conduct in this case and many other major cases even on the past few
                        years bears this out.

                        Did you even read the NAS Report? Because I'm thinking if you did you
                        need to read it again. And then you need to think about what it means
                        for the profession. And then you need to talk about it with someone
                        who doesn't work for or in law enforcement.

                        Brent

                        On Apr 1, 2009, at 8:38 PM, gunis77@... wrote:

                        What does this have to do with the NAS report??? This is what I was
                        talking
                        about before.

                        In a message dated 04/01/2009 5:04:49 P.M. Central Daylight Time,
                        bturvey@... writes:

                        So the FBI still has clear problems with hiding evidence and
                        performing political investigations in a pro-prosecution manner,
                        pretty much in line with the concerns of the NAS Report. And the
                        consequences will be...?

                        Attorney general drops Stevens prosecution
                        http://www.adn.com/news/politics/fbi/stevens/story/743906.html
                        By ERIKA BOLSTAD and RICHARD MAUER
                        Anchorage Daily News

                        Published: April 1st, 2009 04:54 AM
                        Last Modified: April 1st, 2009 12:24 PM

                        WASHINGTON -- The Justice Department moved to dismiss former Sen. Ted
                        Stevens' indictment this morning, effectively voiding his Oct. 27
                        conviction on seven counts of filing false statements on his Senate
                        financial disclosure forms.

                        The decision by U.S. Attorney General Eric Holder comes after a new
                        prosecution team discovered a previously undocumented interview with
                        the star witness in the case that sharply contradicted the most
                        dramatic testimony in the four-week trial. The information had never
                        been turned over to the defense, the Justice Department said in its
                        motion.

                        "After careful review, I have concluded that certain information
                        should have been provided to the defense for use at trial, Holder said
                        in a statement released this morning. "In light of this conclusion,
                        and in consideration of the totality of the circumstances of this
                        particular case, I have determined that it is in the interest of
                        justice to dismiss the indictment and not proceed with a new trial."

                        The government is seeking dismissal of the charges "with prejudice,"
                        meaning that they cannot be filed again.

                        U.S. District Judge Emmet Sullivan ordered a hearing on the
                        government's motion for April 7.

                        "I always knew that there would be a day when the cloud that
                        surrounded me would be removed," Stevens said in a written statement
                        this morning. "That day has finally come. It is unfortunate that an
                        election was affected by proceedings now recognized as unfair. It was
                        my great honor to serve the state of Alaska in the United States
                        Senate for 40 years."

                        Stevens was reported to be traveling in Alaska today and not
                        immediately available for an interview.

                        In a written statement, Stevens lawyers decried the "corrupt" conduct
                        of attorneys and the FBI in the case, though it said Holder and the
                        new prosecution team, along with Sullivan, the trial judge, were
                        "heroes" for bringing the information to light.

                        "This jury verdict was obtained unlawfully," said the statement by
                        Washington-based law firm of Williams & Connolly and the two attorneys
                        who led the defense team, Brendan Sullivan and Robert Cary. "The
                        misconduct of government prosecutors, and one or more FBI agents, was
                        stunning."

                        It was the lawyers' first statement to reporters since they began
                        representing Stevens at least two years ago.

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                        In a brief news conference this morning in Washington, defense
                        attorney Brendan Sullivan said the former senator should never have
                        been prosecuted.

                        "It was a bad judgment to have done so in the first place," said
                        Sullivan. "He's a war hero. He served in the Senate for 40 years, and
                        he was the target of prosecutors who wanted to enhance their own
                        reputation."

                        The action today clears Stevens' name, Sullivan said.

                        "To us, while this is a joyful day and we're happy that Sen. Stevens
                        can resume a normal life without the burden that he's carried over
                        these last years," he said, "at age 85, it's a very sad story too.
                        Because it's a warning to everyone in this country that any citizen
                        can be convicted if the prosecutor ignores the Constitution of the
                        United States."

                        The dramatic testimony that brought down the case after months of post-
                        trial wrangling came Oct. 1 during the second day on the witness stand
                        for Bill Allen, the chairman of the defunct oil-field services company
                        Veco Corp. It was the fifth day of a trial that would run more than a
                        month.

                        Allen had described how he had spent tens of thousands of dollars
                        renovating Stevens' home in Girdwood starting in 1999 - gifts that
                        Stevens never disclosed. On Oct. 6, 2002, Stevens sent a handwritten
                        note to Allen asking that it be "done right" - he wanted to pay for
                        Veco's services. He told Allen that their mutual friend in Girdwood,
                        Double Musky restaurant owner Bob Persons, would talk to him about the
                        matter.

                        "You owe me a bill," the note from Stevens said. "Remember Torricelli,
                        my friend. Friendship is one thing, compliance with the ethics rules
                        entirely different." Robert Torricelli was a New Jersey senator who
                        got into trouble in 2002 for accepting improper gifts from a donor.

                        Allen testified that he had a conversation a short time later with
                        Persons. But Persons told him the note from Stevens shouldn't be taken
                        seriously, Allen said.

                        "Don't worry about getting a bill - Ted's just covering his ass,"
                        Allen quoted Persons as saying.

                        The Allen statement came at the close of testimony for the day.

                        With the jury out of the courtroom, a defense attorney yelled foul,
                        saying that in all the material turned over to the defense by the
                        government under fair-trial rules, there was nothing from Allen
                        quoting Persons like that. The defense accused the government and
                        Allen of conspiring to make up the testimony. Even worse, they said,
                        was that Allen's testimony came at the end of the day, leaving the
                        jury to ponder it, unchallenged, overnight.

                        The newly discovered interview wasn't transcribed in the usual way,
                        the Justice Department said this morning. Rather, it was discovered in
                        the notes of attorneys who questioned Allen on April 15, 2008.

                        "The notes of the April 15 interview indicate that Bill Allen said,
                        among other things, in substance and in part, that he (Bill Allen) did
                        not recall talking to Bob Persons regarding giving a bill to the
                        defendant," the Justice Department said in its motion to dismiss the
                        case. "This statement by Allen during the April 15 interview was
                        inconsistent with Allen's recollection at trial where he described a
                        conversation with Persons about the Torricelli note."

                        The interview notes also say that Allen thought the market value of
                        Veco's work on Stevens' home was about $80,000. The government
                        introduced evidence from Veco's bookkeeping that suggested it was
                        worth about $250,000, though the judge threw out some of that evidence
                        because it proved to be wrong.

                        "Defendant Stevens was not informed prior to or during trial of the
                        statements by Bill Allen on April 15, 2008," the department's motion
                        for dismissal said. "This information could have been used by the
                        defendant to cross-examine Bill Allen and in arguments to the jury."

                        In his statement, Holder didn't say precisely what he meant by the
                        "interests of justice" dictating that Stevens not undergo a new trial.
                        But Stevens' lawyers had argued that government misconduct was so
                        extreme that the only remedy for the judge was to completely dismiss
                        the case.

                        Stevens, who is 85, lost his re-election bid in November to the former
                        Anchorage mayor, Democrat Mark Begich.

                        Since Stevens' conviction, the former senator's lawyers have filed
                        several motions to outright dismiss his original indictment or to
                        grant Stevens a new trial. Their motions have been based in part on
                        allegations in a whistle-blower complaint by an Anchorage FBI agent,
                        and other allegations of prosecutorial misconduct that emerged after
                        Stevens' conviction.

                        The complaint by agent Chad Joy said prosecutors deliberately withheld
                        information from Stevens' defense team.

                        The government appointed a new team of prosecutors when Judge Sullivan
                        held in contempt the chief trial lawyer, Brenda Morris, and her boss
                        at the Public Integrity Section, William Welch, in contempt for
                        failing to turn over material to the defense uncovered in the
                        investigation of Joy's allegations. It was the new team, led by Paul
                        O'Brien, chief of the Narcotics and Dangerous Drugs Section, that last
                        week discovered the April 15 meeting with Allen, the Justice
                        Department said.

                        The Justice Department immediately turned over the notes of the April
                        15 meeting to the defense, it said.

                        Holder said that the Justice Department's Office of Professional
                        Responsibility "will conduct a thorough review of the prosecution of
                        this matter."

                        "This does not mean or imply that any determination has been made
                        about the conduct of those attorneys who handled the investigation and
                        trial of this case," he said. "The Department of Justice must always
                        ensure that any case in which it is involved is handled fairly and
                        consistent with its commitment to justice. Under oftentimes trying
                        conditions, the attorneys who serve in this department live up to
                        those principles on a daily basis. I am proud of them and of the work
                        they do for the American people."

                        Stevens' lawyers said Judge Sullivan was key to uncovering the
                        misconduct by the Justice Department in the case.

                        "Judge Sullivan gave the defense the ability to press for evidence of
                        misconduct," the statement said. "When he did so, more and more
                        evidence came to light, including the most recent revelation about
                        false testimony. Had Judge Sullivan accepted the word of government
                        prosecutors as is done often in our courts, the extraordinary
                        misconduct would never have been uncovered, and the trial verdict
                        might have survived appellate review. Judge Sullivan prevented such a
                        tragic outcome."

                        Rep. Don Young, who as Alaska's sole congressman spent 30 years
                        working with Stevens, said he thought "justice has finally been served."

                        "It's a shame that Alaskans lost one of the best lawmakers they've
                        ever had last year over a false conviction, but his legacy in Alaska
                        will always live on," he said. "I join my fellow Alaskans today in
                        standing by Ted and congratulating him and Catherine on the courage
                        they've shown throughout this ordeal and the end of this difficult
                        journey."

                        Stevens' replacement, Begich, said in a statement that "the decision
                        by President Obama's Justice Department to end the prosecution of
                        Senator Ted Stevens is reasonable."

                        "I always said I didn't think Senator Stevens should serve time in
                        jail and hopefully this decision ensures that is the case," he said.
                        "It's time for Senator Stevens, his family and Alaskans to move on and
                        put this behind us."

                        Sen. Lisa Murkowski, now Alaska's senior senator, said in a statement,
                        "I was pleased with the news that the Justice Department will drop all
                        charges against Senator Ted Stevens, but I am deeply disturbed that
                        the government can ruin a man's career and then say 'never mind.'
                        There is nothing that will ever compensate for the loss of his
                        reputation or leadership to the state of Alaska."

                        Murkowski decried the violation of Steven's rights. "Our nation is
                        governed by the rule of law, and violations of our civil liberties
                        cannot be tolerated," she said. "Prosecutors and law enforcement have
                        the power to bring the full weight of the government to bear on
                        individuals. If they are willing to bend the law, they put all of our
                        civil liberties at risk."

                        The Senate Republican eader, Mitch McConnell of Kentucky, called the
                        Justice Department's move "a relief to Stevens and his family." But he
                        also said that had the Justice Department acted last year, before the
                        election, Republicans might not have lost the seat. It would give
                        Democrats -- who have 58 seats in the Senate and are likely to gain a
                        59th -- one less seat toward a 60-vote, filibuster-proof majority.

                        "It was disappointing to lose the seat, no question about it,"
                        McConnell said. "No question that if this decision had been made last
                        year he'd still be in the Senate."

                        Erika Bolstad reported from Washington, D.C., and Richard Mauer from
                        Anchorage. E-mail them:ebolstad@... and rmauer@....

                        Brent
                        Brent E. Turvey, MS - Forensic Science
                        Forensic Solutions, LLC
                        bturvey@...
                        http://www.forensic-science.com

                        Author of:
                        Turvey, B. (2008) Criminal Profiling, 3rd Ed., Boston: Elsevier Science
                        http://www.corpus-delicti.com/fs_bookstore/cp/cp_index.html

                        Petherick, W. & Turvey, B. (2008) Forensic Victimology, San Diego:
                        Elsevier Science
                        http://www.forensicvictimology.blogspot.com

                        Chisum, W.J. & Turvey B. (2006) Crime Reconstruction, Boston: Elsevier
                        Science
                        http://crimereconstruction.blogspot.com

                        "... the intermixing of science and politics is a bad combination with
                        a bad history. We must remember the history, and be certain that what
                        we present to the world as knowledge is disinterested and honest."
                        - Crichton, M. (2004) State of Fear, New York: Harper-Collins
                        Publisher; p.638
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