To: Ann Corrigan who wrote (62290 ) 4/1/2009 11:19:20 AM From: Hope Praytochange 1 Recommendation Respond to of 224744 In the new filing on Wednesday, the government said that it had recently discovered previously undisclosed notes made by prosecutors of an interview with Mr. Allen on April 15, 2008. In the interview, Mr. Allen was asked about a note he received from Senator Stevens on Oct. 6, 2002, discussing the situation of former Senator Bob Torricelli, a New Jersey Democrat who was forced to resign from office over the issue of failing to disclose gifts. The Justice Department said the notes from the interview showed that Mr. Allen made different statements about that exchange than he had during his testimony at the trial. Mr. Stevens’s lawyers should have had those notes to help them cross-examine Mr. Allen, the department said on Wednesday. The motion said that in addition to asking that the indictment be voided, the government had determined, based on the totality of the circumstances, that it would not seek a new trial of Mr. Stevens. Judge Sullivan first displayed his annoyance with the prosecutors’ conduct almost four weeks before Mr. Stevens was convicted. On Oct. 3, the judge almost declared a mistrial after discovering that prosecutors had not told the defense team about an F.B.I. interview with the prosecution’s chief witness. “How does the court have confidence that the public integrity section has public integrity?” Judge Sullivan asked that day. The chief prosecutor, Brenda Morris, apologized for her team’s mistakes. But she also called the errors careless, not purposeful. But last month, an F.B.I. agent who had worked on the investigation disputed that characterization of events, accusing prosecutors and a fellow agent of willfully concealing evidence from Mr. Stevens’s lawyers. The agent, Chad Joy, wrote in the complaint that he had “witnessed or learned of serious violations of policy, rules, and procedures as well as possible criminal violations.” Days later, Judge Sullivan held Ms. Morris and three other members of the prosecuting team — William Welch, Kevin Driscoll and Patty Stemler — in contempt after the Justice Department failed to produce documents the judge had requested to assess Mr. Joy’s complaint.