Kott attorney seeks hearing in hopes of getting case tossed

April 7, 2011 

JUNEAU -- An attorney for former Alaska lawmaker Pete Kott has asked a federal appeals court for an evidentiary hearing that she believes could result in the case being tossed. Attorney Sheryl Gordon McCloud says prosecutors are withholding evidence about the trial team's knowledge and intent that is relevant to how Kott's case should be handled -- whether, say, the conviction should be reversed or dismissed.

Kott was among a list of onetime lawmakers caught in a sweeping conviction probe.

Last month, the 9th U.S. Circuit Court of Appeals determined prosecutors withheld evidence in Kott's case and that of former lawmaker Vic Kohring. The court reversed the convictions of both and ordered new trials.

Kohring's attorney is also expected to ask that the case be dismissed outright or that an evidentiary hearing be held.

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