With oral arguments in their appeals scheduled before a circuit court panel this morning in Seattle, Kott and Kohring invoked last week's dismissal of charges against Sen. Ted Stevens in their motions.
The government was already obliged to produce such exculpatory information before and during their 2007 trials. But Kott, a former House speaker from Eagle River, and Kohring, who represented Wasilla, cited the government's failure to turn over favorable information to Stevens as reason to ask again for the material.
If similar information was withheld in their cases, Kott and Kohring could seek new trials or dismissal of their charges.
The judge in Stevens' case dismissed the guilty verdicts and all charges when a new team of prosecutors discovered critical evidence hadn't been turned over by the original prosecutors. The judge also ordered an investigation into misconduct by six of the government attorneys who handled the Stevens prosecution.
At least two of those attorneys, James Goeke and Edward Sullivan, are scheduled to appear today in the Kott appeal. In the Kohring appeal, a Justice Department attorney not associated with the original case or with Stevens, Kevin Gingras, entered the case last week.
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