Wednesday, October 5, 2011

Court Denies Pete Kott's Motion to Dismiss Alleging "Egregious Government Misconduct"


Continuing a path towards a re-trial that I have repeatedly predicted wouldn't happen, District Judge Ralph Beistline today entered in U.S. v. Kott an "Order Denying Defendant's Motion to Dismiss Indictment Due to Intentional Prosecutorial Misconduct." In the order, the court describes the core of Kott's argument as an allegation that the federal government "suppressed information relevant to Bill Allen's predatory sexual conduct and subordination of perjury in order to protect Allen's reputation as a witness in a white collar trial."

The court said that evidence that the lead FBI agent allegedly had a practice of not writing down information that was not favorable to the government was useful material for cross-examination of that agent, not grounds for dismissal of the indictment. The court also said that even if the defense was accurate in its allegation that the Justice Department made "a conscious decision to 'sacrifice the child victims of [Allen's] predation and perjury'" to pursue public corruption charges against Kott, such a decision would be within the broad discretion in prosecution the law gives to the government.

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