Lessons from Senator Stevens Case

As widely reported, the conviction of former Senator Ted Stevens has been dismissed by the federal judge who presided over the trial. This comes as a result of U.S. Attorney General Eric Holder’s decision to request a dismissal after a final revelation that the prosecution team had withheld evidence that, according to Stevens’ lawyer, would have allowed him to rebut the most explosive testimony in the case.

Prosecutors have an ethical duty to disclose to a criminal defendant’s counsel any evidence that could be helpful to the defendant — exculpatory evidence. The old prosecution team may have repeatedly withheld such evidence. The judge not only dismissed Stevens’ conviction but appointed a special prosecutor to investigate possible wrongdoing by members of the old prosecution team.

The high profile prosecution of a government official is extraordinarily tense. There’s enormous pressure on the lawyers for both sides. It’s likely that both sides eventually come to view their opponents as evil. The law is nonetheless designed to give a defendant a fair trial, regardless of his guilt.

Adversarial relationships develop in the workplace — nothing to equal a criminal prosecution but still a tension-filled situation. A supervisor may be tempted to bend the rules to terminate the employee who’s become his nemesis. He’ll ususally need human resources’ buy-in, and this can lead to either withholding or fabricating documentation or evidence. 

A human resources professional has to have the judgment and backbone to cut through this impropriety. Treating employees fairly, even if you don’t like them, is essential. HR must be committed to this result and must train supervisors to be equally committed.

If you end up in court after doing to an employee what the prosecution team did to Senator Stevens, the same thing will happen to you: deserved humiliation.