Source:
Birmingham NewsFormer Governor Don Siegelman and Richard Scrushy's appeal nears
Defense says trial riddled with errorsMonday, December 08, 2008
BY KIM CHANDLER
News staff writer
MONTGOMERY - Gov. Don Siegelman and HealthSouth founder Richard Scrushy will ask three federal judges Tuesday to overturn their bribery convictions, arguing their 2006 trial was riddled with errors.
The long-awaited appeal goes before the 11th Circuit Court of Appeals in Atlanta in a case that has come into the national spotlight as Siegelman, for years Alabama's most successful Democrat, contends that Republicans in the White House orchestrated his prosecution.
Defense lawyers for Siegelman and Scrushy have argued there were multiple mistakes at the 2006 trial - including a lack of evidence, that jurors improperly communicated by email, that there were too few black residents in the jury pool, the admission of hearsay evidence - that merit a new trial or the case being tossed completely. Federal prosecutors contend the trial was fair, and the convictions of both men should stand.
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Siegelman lawyer Vince Kilborn said he feels good about the chances of getting the convictions overturned. "I think it's a compelling case for reversal," Kilborn said.
Read more:
http://www.al.com/news/birminghamnews/statebriefs.ssf?/base/news/1228727743274480.xml&coll=2
Al Gore sent out an email to appeal for donations to Siegelman's defense and donated $5,000 himself:Don Siegelman isn't just fighting for his freedom -- he's fighting for the integrity of our democracy. I hope you'll join me in supporting his legal defense fund today, before his appeal hearing tomorrow.
Dear -----,
As Americans we are always proud of our leaders. In the state of Alabama we've elected one great New South Democratic Governor who won overwhelmingly over an incumbent Republican. Don Siegelman was the first Democratic Governor to endorse me when I ran for President; he was a great Governor for Alabama and for the Democratic Party.
But now Don needs our help.
Don's legal battle is at a critical stage. Tomorrow, the 11th Circuit Court of Appeals will hear his appeal, which could throw out the false charges. But Don needs our help to raise $30,000 to cover legal costs to clear his name.
While I am sure you know the story, the American Trial Lawyer Magazine labels Don Siegelman as America's #1 "Political Prisoner."
Time exposed how selective prosecution was used by Karl Rove's Republican prosecutors and CBS's 60 Minutes exposed how they knowingly extorted false testimony to secure a conviction.
Don's sentence was actually enhanced for speaking out against the White House lead prosecution. Don was handcuffed, shackled, and put into solitary confinement in a maximum-security prison for something The New York Times has said has never even been considered a crime in America. 54 former state Attorneys General agreed and filed a Friend of the Court brief in support of Don.
Tomorrow's hearing can put this right. I am asking you to give right now online or mail your contribution to:
Siegelman Legal Defense Fund
3963 River View Drive
Birmingham, AL 35243
www.donsiegelman.com
Don is now engaged in two important fights: One for his own freedom and the other to save our democracy by seeing that Karl Rove is brought to justice.
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Earlier this month, Time revealed that the Department of Justice has been involved in a cover-up of unethical and criminal activity within the Department and the U.S. Attorney's office. Last week's New York Times story reveals further prosecutorial misconduct.
The government has reportedly spent over 40 million dollars to prosecute Don. Don and his family have spent virtually all of their life's savings to fight these false charges.
I know times are tight but I hope you will give as generously as possible. Don's Legal Defense Fund can take donations of corporate, PAC, foundation, or personal money of any size.
Please donate today -- before Don's hearing tomorrow -- and help Don set a legal precedent that politically motivated prosecutions have no place in America.
As Don recently said, "We must win these fights to unravel the injustices that have been perpetrated against our democracy. With your help, Karl Rove and his accomplices will be held accountable for their abuse of power -- and I can clear my name for good."
As Americans, we have a responsibility to protect our democracy from those who would take advantage of it and abuse their power. By making sure Don has the support to keep up his fight for justice, we can do just that.
Thank you for your support,
Al Gore