Curiouser and curiouser.
On Monday, National Public Radio reported that the lawyer selected by a federal judge to look into the botched Stevens prosecution, Henry Schuelke III, would not recommend criminal charges against the prosecutors. Now, the Associated Press is reporting that may not be the case.
According to an AP story filed late Tuesday, the Justice Department’s internal watchdog, the Office of Professional Responsibility, has found that two of the prosecutors and an FBI agent committed misconduct.
A draft of OPR’s report says that Assistant U.S. Attorneys Joseph Bottini and James Goeke, and FBI agent Mary Beth Kepner committed misconduct for failing to turn over evidence to Stevens defense, the AP said. The findings are not yet final, and the report clears several other attorneys — including lead prosecutor Brenda K. Morris and former Public Integrity Section chief William Welch — of misconduct allegations.
From here the AP and NPR diverge. Monday’s NPR report said Schuelke had decided against criminal charges and planned to release a report saying as much. But according to the AP story, Schuelke has not yet made a final decision on whether charges are warranted nor has he decided whether to issue a public, written report.
The AP also confirmed that no report has been given to the judge in the case, U.S. District Judge Emmet Sullivan.