Published: November 4th, 2009 09:53 PM
Last Modified: November 5th, 2009 07:54 AM
The attorney for former Rep. Pete Kott asked a judge Wednesday to reject a Justice Department argument that no harm was done when favorable evidence was withheld from Kott at his trial. Sheryl Gordon McCloud, Kott's appeals attorney, said that if the judge refuses to dismiss charges against Kott or grant him a new trial, he should allow a special evidentiary hearing for her to question Justice Department officials about why the evidence was withheld.
Kott was convicted of corruption charges in 2007, but was released from prison in June when prosecutors acknowledged they failed to turn over favorable evidence. In a brief last month, they argued that the withheld material was insignificant.
U.S. District Judge John Sedwick will hear arguments on the issues Nov. 14. He hasn't said when he will make his ruling.
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