Ex-legislator's call for new trial disputed by federal attorneys

They said Kott knew what he was doing when he accepted bribes for taking official action.

Kott represented Eagle River as a Republican in the state House of Representatives for seven terms but moved to Juneau after losing a 2006 re-election bid.

Prosecutor James Goeke, an assistant U.S. attorney with the Department of Justice's Public Integrity Sections, said the verdict was clear.

"The jury heard evidence of Kott's receipt of things of value, Kott's performance of official acts, and Kott's own words connecting the two," he said.

After Kott's conviction on multiple criminal counts, his attorney called the verdict flawed, and asked Judge John Sedwick to set it aside.

Attorney James Wendt claimed Kott's conviction was actually for taking "illegal campaign contributions," which prosecutors hotly disputed.

"The government stridently disagrees with Kott's characterization as such, and noted that it is in fact Kott, who repeatedly, and for his own benefit, attempted to portray these payments as a benefit to Kott's campaign," Goeke said.

The federal prosecutors said they presented evidence that, despite Kott's claims, the payments had been made as bribes, not campaign contributions.

Goeke also said that Kott's claims of a "legislative immunity doctrine" were without merit, or even without an explanation of what such a doctrine was supposed to be.

"To the extent that Kott claims that his official acts as a legislator cannot be used against him in a criminal trial, the law is squarely to the contrary," Goeke said.

Kott was convicted on three felony counts in late September. His attorney filed a request for a new trial a week later.

Sentencing is set for Dec. 7 in Anchorage.