According to the story, lawyers for the prosecution neglected to disclose testimony possibly helpful to the defense in a timely manner:
The government previously turned over a redacted version of the FBI interview with [Alaska oilman and star witness Bill J.] Allen to defense lawyers but conceded today they had erred and that portions of the summary should not have been excised. They turned over the new evidence after discovering the oversight Wednesday night.
Defense lawyer Brendan V. Sullivan said the omitted material included statements in which Allen contradicts himself on the question of whether he believed Stevens would have paid for the home improvements if he had been billed.
The prosecution is…ahem…meeting with difficulty in convincing the “visibly angry” judge, let alone defense counsel, that this was an accident. Presiding judge Emmet Sullivan is hinting that he is considering a mistrial:
“I am going to bring the jury in and let them know we are not going to proceed today,” he added later in the morning. “Maybe they will come back for further service . . . and maybe they won’t.”
Buzz says the judge is demanding a good reason from prosecutors not to throw the case out. If the People blow this case, they have no more business working for the government than Stevens has.