Kott again asks for dismissal of charges

August 10, 2011 

Former House Speaker Pete Kott is asking anew that a judge dismiss his corruption case over government misconduct, asserting that prosecutors were misleading in his first trial when they portrayed their chief witness as credible.

Kott's attorney said in a motion filed Wednesday that prosecutors were well aware that the witness, Bill Allen, once encouraged at least two people to commit perjury to protect him from allegations he had sex with minors. But Kott's first defense team was never made aware of those allegations and lost a big chance at challenging his honesty, his current attorney said.

The attorney, Sheryl Gordon McCloud, also said that Allen had made statements that would have shown Kott to be not guilty of criminal conduct, but those statements were kept from his first defense team.

Kott is facing a retrial in December after an appellate court threw out his first conviction.

In a separate motion, McCloud is asking a judge to grant Allen immunity so he could be called as a witness in Kott's trial and be ordered to talk about his relationships with underaged girls and his alleged efforts to cover up his conduct. Without the grant of immunity, she said, Allen could assert his 5th Amendment right against self incrimination and refuse to answer the questions.

McCloud had earlier asked the 9th U.S. Circuit Court of Appeals to dismiss Kott's case, but a panel decided 2-1 to only order a retrial. The dissenting judge agreed the charges should have been dismissed.

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