Ethics complaint against Bundy dismissed

Bundy, a former U.S. attorney for Alaska, was accused by the judge in the corruption trial of former U.S. Sen. Ted Stevens of sending signals to the government's chief informant, Bill Allen, while Allen was being interrogated in the witness chair.

Bundy was Allen's attorney, representing him through his guilty plea to bribery in 2007 and his sentencing to three years in prison Oct. 28.

In what would be one of several outbursts from the bench during the Stevens' trial, U.S. District Judge Emmet Sullivan on Oct. 6, 2008, interrupted Allen's testimony to the jury and pointed to Bundy, who was sitting in the front row of the spectators gallery. The judge said he saw Bundy signaling to Allen and demanded that he stop. A marshal moved to the row behind Bundy and remained there till the next recess.

At the next break, Sullivan threatened Bundy with contempt. "It's clear to me what I saw. It's really disturbing," Sullivan said.

Bundy denied he signaled anything to Allen and prosecutors came to his defense. One of Stevens' lawyers told the judge he thought Bundy had been making signs.

A Daily News reporter sitting behind Bundy had been unable to see whether he was gesturing, but observed Allen in the moments preceding Sullivan's outburst and saw he was looking in another direction, away from Bundy.

In a letter dated March 1, the grievance committee said it reviewed Sullivan's complaint and Bundy's response and "determined that no further action will be taken."

Bundy said Thursday he was relieved by the decision, which took a year to be reached.

"I was completely dumbfounded by what this judge said he saw," Bundy said. "It would've been nuts to do that."

After throwing out the guilty verdicts in Stevens' case in April, Sullivan referred the six prosecutors involved in the case to a special prosecutor to investigate whether they committed criminal contempt by withholding information from the defense. That investigation is still ongoing.

The Justice Department's Office of Professional Responsibility is conducting a parallel investigation of the prosecution team.

Almost no information has emerged from either of the post-trial investigations since they began a year ago.

Find Richard Mauer online at adn.com/contact/rmauer or call 257-4345.