WASHINGTON (CNN) -- Sen. Ted Stevens, the Alaska Republican on trial for corruption, asked that his case be dismissed because the prosecution sent a key witness home with information that was not disclosed to the defense.
Judge Emmet Sullivan on Monday let loose a tirade at the prosecution, but suggested he still was not inclined to dismiss the case.
"What gave you authority to tell him: 'You can leave?' Why wasn't I consulted about that?" the judge demanded.
"We're very sorry about that," prosecutor Nicholas Marsh responded.
But Sullivan was not finished.
"Someone exercised authority, and then by the way, we're not going to tell the judge either. All the attorneys had a conversation Saturday, and no one thought to call the judge?"
The witness in question is Rocky Williams, the foreman for the extensive renovations of Stevens' home at the heart of the case. Williams has now returned to Alaska without testifying for either side in the case.
Despite his evident irritation, Sullivan seemed unlikely to throw the case out.
"I don't think a basis exists at this point for a dismissal or declaration of mistrial," he said. But he will let the defense re-examine all witnesses to date as a result of the dispute.
The government accuses Stevens, the longest-serving Republican senator in history, of failing to report about $250,000 worth of gifts and renovations to his home from oil-services contractor Veco Energy Corp., one of the state's biggest employers at the time.
Stevens' defense is that he thought he paid the full cost of the work, but that former Veco head Bill Allen quashed some of the bills without informing Stevens.
The prosecution Friday introduced a handwritten invoice for $2,000 in building materials from Williams, with additional notations "no paper trail -- per Bill Allen."
Williams' testimony could be critical to determining the value of the work on the house, and therefore whether Stevens could reasonably be thought to have paid market price. He remains under subpoena, and defense attorneys say they still intend to call him October 6.
Allen, who is cooperating with prosecutors investigating the case, has pleaded guilty to attempting to corrupt a number of Alaskan officials -- not including Stevens -- and is expected to testify against the senator, possibly as early as Tuesday.
Stevens is not accused of taking bribes, which would require the government to prove he undertook specific actions in exchange for payment.
He is charged with failing to report the renovations as gifts on Senate disclosure forms, as required by law.
Prosecutors allege that Stevens received a new first floor, garage and deck on his home; a new Land Rover that was exchanged for an older car; and a gas grill.
A sculpture of fish swimming upstream may also come up in testimony, which is said to be worth $29,000.
Stevens, 84 and a titan of Alaska politics, is up for re-election in November and hopes to have the case concluded before Election Day.
CNN's Paul Courson contributed to this report.
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