Prosecutor in Stevens Case Commits Suicide

Nicholas Marsh, a Justice Department prosecutor who was under investigation for his role in the botched prosecution of former U.S. Sen. Ted Stevens (R-Alaska), has committed suicide. It is a sad end to a promising career for Marsh who was removed by the Public Integrity Section after the investigation was commenced at Justice.

The prosecution of Stevens unraveled when it was discovered that the prosecutors had withheld critical evidence and were accused of allowing false or misleading evidence to be presented to the Court. This includes withholding an interview with key witness Bill Allen that contained exculpatory evidence. The Justice Department filed a motion to set aside the conviction and sentence of Stevens on April 1, 2009. The prosecutorial team was held in contempt by the Court for their misconduct.

Still under investigation are former Public Integrity Section Chief William Welch II; Brenda Morris, a former section supervisor; Alaska-based assistant U.S. attorneys James Goecke and Joseph Bottini; and former Public Integrity trial attorney Edward Sullivan.

Regardless of the merits of the investigation, this is a tragedy for the Marsh family and the Public Integrity Section.

Source: Legal Times

Kudos: Kay S.

Jonathan Turley

22 thoughts on “Prosecutor in Stevens Case Commits Suicide

  1. DOJ’s public integrity section should be called DOJ cover-up section. I complained to them that assistant U.S. attorney Robert Anderson showed up at a hearing that wasn’t on the court calendar with someone who called herself a judge but who was listed on the court website as a clerk and who had never officiated in any other case in 2007. She was not referred to my case. Anderson didn’t object to that and called her your honor although he must have known how irregular that was. She created the docket and it is entitled USA v. Kay Sieverding criminal docket but for opening, pending and terminated charges it says “none”. Anderson said “the government isn’t a part of this” and she thanked him for participating. This involved a so called warrant that was captioned Kay Sieverding v. Colorado Bar Association, signed only by a docket clerk, and was blank where the statute was supposed to be. The charge was listed as “failure to appear” and it has already been ruled that failure to appear in a civil matter cannot be pursued using summary contempt. See for instance Klein v. U.S. Federal Circuit of District of Columbia.

    At this hearing that Anderson legitimized, I was not arraigned or told my rights. There was a public defender there who pointed out that I wasn’t charged with a crime and that if I was I was entitled to a bail hearing but I was denied that. I was also denied an extradition hearing. The court clerk ordered that I be detained without charges for 3 weeks and taken against my will in chains accompanied by dangerous felons 1200 miles. Looking back I think the chance that I would have ended up dead was very substantial. I am in my 50s and was very stressed out. I told a guard that I had the worst headache I ever had in my entire life and I was dry heaving for hours but I was not allowed to see a nurse or doctor. Then multiple convicted felons were told my name. Although I have no criminal record at all I was classified by USMS as a high security felon no bail prisoner. I specifically asked if I could bring my drivers license and credit card to Colorado but that was specifically denied. Then I was released in Colorado with no identification and not a penny to my name. I guess some people thought that was funny.

    I complained to DOJ public integrity about this twice. Their one letter in response didn’t even acknowledge what happened.

    One difference between me and former Senator Stevens is that he was a public official. Look at how DOJ treats ordinary people like me.

    People who are attracted to the job of prosecutor probably have sadistic personalities. Why doesn’t DOJ check their work routinely to make sure they are not taking payoffs to hurt people?

  2. Thank you Blouise. I am not in Austin, and my daughter has been told by the school to stay in her apartment. Classes are canceled.

  3. Well what is the latest news? I tried searching on Nicholas Marsh but didn’t find much detail. On one site, it claimed he was facing criminal contempt charges.

    If he has been working as a prosecutor he has seen lots of people stress out about imprisonment.

    Dear Swarthmore mom Do your kids go to Swarthmore or did they then? It sounds like you and yours must have really liked it.

  4. re: UT shooting
    Tonight at UT’s law school, a guy is scheduled to speak on the right to carry concealed weapons on college campuses.

  5. Thank you Lottakatz. The young man was a nineteen year old math major. She’s along way from the Ville of Swarthmore, but it could happen anywhere. I told her to go over to Barton Springs and sit and read and relax. It is different now than when Whitman shot from the bell tower because text messages warning people to stay start happening right away.

  6. This prosecutor got caught acting as the majority of prosecutors normally act but doing so against a high profile member of the elite. Perhaps he suicided to avoid the worse revenge that the elite would inflict on him, but the rest of us should shed no tears other than for the fact that thousands or tens of thousands of similar abusers of the law are not even being investigated.

    For prosecutors in the US, prosecutorial misconduct is business as usual. For some examples read through the archives of Alan Bean’s Friends of Justice website for plenty more examples especially the series on Alvin Clay.

  7. Kay S

    Why doesn’t DOJ check their work routinely to make sure they are not taking payoffs to hurt people?

    Because they are afraid of what they might found out. Sensible people do not take a can opener to a can labeled “Smelly Worms A+ grade”.

  8. “allowing false or misleading evidence to be presented to the Court.”

    Does this mean Kagan might off herself, or does “fabricating” false or misleading evidence to be presented to the Court not equally warrant an investigation?

    Just wondering why some cases get a line drawn under them, while others get a line drawn through them?
    I get the corruption angle, and the fact that most prosecutors are sociopaths to some degree, but when are the people going to demand equal justice for all who violate the law.

    Would not withholding critical evidence, constitute a crime if committed by a citizen?

  9. Just wondering why some cases get a line drawn under them, while others get a line drawn through them?
    I get the corruption angle, and the fact that most prosecutors are sociopaths to some degree, but when are the people going to demand equal justice for all who violate the law.

    Equal justice under the law means equal justice in ratio to one’s entitlement to such justice. Elite white men have a high entitlement level, everyone else as much as they or the public defense system can afford and not one jot more.

  10. Dear Carlyle

    Friends of Justice looks like a good organization.

    Have you looked at the Justice For All Act of 2004? On USDOJ.gov there is also a report about implementation of the Victims Rights Act.

    You ask “when are the people going to demand equal justice for all who violate the law”?

    When we lived in Steamboat Springs I made a sign with “Same Laws for All”. I cut out the letters in bright colors and put them on foam core with a stick and took it to a city council meeting. And I distributed thousands of flyers starting “The City of Steamboat is Corrupt and Dishonest”.

    I don’t know about your “elite white men” theory though. What I think is that a lot of bar associations function to basically sell justice but that many people can get in on the game and the person who gets the cases fixed is not necessarily the richest person.

    My theory is that Steamboat Springs CO is an area with a lot of judicial corruption because 1.) no strong independent media 2.) voter apathy and resident turnover 3.) extreme opportunities for real estate speculation 4.) hight use area for recreational drugs generating opportunity for drug related corruption. One thing I noticed there is that the same men hold the same or related positions for year after year. So they have a history together. Something like going to a brothel together 20 years ago could be affecting current litigation.

    What I want is for court processes to be made as transparent as possible through computer systems.

  11. I feel terrible about this man’s death. Can someone tell me why federal prosecutors would withhold evidence? Aside from the morality of it, isn’t it sort of self defeating? I mean, here not only is the whole case thrown out but they are facing sanctions and possibly disbarment. Am I missing something? This is not a risk I would be willing to take.

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