Siegelman Appeal: Court Reverses Two Counts, But Upholds Others

[sabra]

Source: TPM

The court that's hearing Don Siegelman's appeal of his conviction on bribery charges has reversed two of the counts of which the former Alabama governor was found guilty -- but upheld several others.

In an order issued today, a US appeals court reversed two counts related to Richard Scrushy's activities while on the state board to which Siegelman appointed him.

However, it upheld the charges related to Siegelman's appointment of Scrushy to the board n the first place, which was found to have come in exchange for campaign contributions -- the heart of the case against Siegelman.

We've put in calls to Siegelman and his lawyers, and will be back with more soon.


Read more: http://tpmmuckraker.talkingpointsmemo.com/2009/03/siegelman_appeal_court_reverses_two_counts_but_uph.php

[ananda]

1. While it sounds fair and probably is..

.. I would like to see the same high standards
applied to Reeps.

[Robbien]

2. Juror misconduct charge dismissed; now that's just wrong

http://www.google.com/hostednews/ap/article/ALeqM5hTOPaU3NmV4Q17RTCuve0_OYX3AgD96OMOLO0

The judges also rejected defense arguments of juror misconduct involving a claim that some jurors exchanged e-mails and were subjected to outside influences during jury deliberations.

The judges ruled that Fuller adequately investigated the juror misconduct charges.

"We conclude that the district court did not abuse its discretion in holding that there was nor reasonable possibility of prejudice to the defendants arising out of the exposure of the jury to this extrinsic evidence," the judges wrote.


Since when is talking to juror members about a case permissible? In Alabama I suppose.

[Pastiche423]

10. This so SUCKS!

:grr:

Juror misconduct by Scott Horton:

- snip-

An anonymous source supplied defense counsel with evidence that some jurors were engaged in inappropriate conduct, among other things reading press accounts of the case and discussing how to pressure other jurors into a conviction with outside evidence.

Two emails in particular, which I was able to obtain from pleadings filed with the court, indicate that outside materials were being downloaded from the Internet and used by these jurors in an effort to pressure their wavering peers:

Exhibit 23:

“….judge really helping w/jurors…

still having difficulties with #30

…any ideas???

keep pushing on ur side

did not understand ur thoughts on statute

but received links.



Exhibit 24:

“I can’t see anything we miss’d. u?

articles usent outstanding! gov & pastor up s—t creek.

good thing no one likes them anyway. all public officials

r scum; especially this 1. pastor

is reall a piece of work

…they missed before, but we won’t

…also, keepworking on 30…

will update u on other meeting.



Normally such evidence would result in dismissal of the jury and an order directing a new trial, but not here. Fuller refused to subpoena the email records in question, to question the jurors about the allegations of improper conduct, or to allow counsel to do the same. When the defendants sought to notify the Internet service providers so that the records could be preserved, the motion was summarily denied. Then Fuller, acting to protect the “sanctity of the jury,” adjourned the case for one year before sentencing—long enough for most Internet service providers to automatically dispose of emails maintained on their servers.

http://www.harpers.org/archive/2007/08/hbc-90000714

[No Elephants]

17. You're right; that's wrong.

[EFerrari]

3. This is b#llshit.

:grr:

[MiaCulpa]

4. Worth noting on the panel of judges...

All three are Republicans. Surprise, eh?

-Diane

[kpete]

5. dupehers

Source: Talking Points Memo

Siegelman Appeal: Court Reverses Two Counts, But Upholds Others
By Zachary Roth - March 6, 2009, 1:12PM

The court that's hearing Don Siegelman's appeal of his conviction on bribery charges has reversed two of the counts of which the former Alabama governor was found guilty -- but upheld several others.

In an order issued today, a US appeals court reversed two counts related to Richard Scrushy's activities while on the state board to which Siegelman appointed him.

However, it upheld the several charges related to Siegelman's appointment of Scrushy to the board in the first place, which was found to have come in exchange for campaign contributions -- the heart of the case against Siegelman.

The court also ordered a new sentencing hearing, in light of the reversal of the two counts. It's unclear as yet how those reversals will affect Siegelman's sentencing.

Read more: http://tpmmuckraker.talkingpointsmemo.com/2009/03/siegelman_appeal_court_reverses_two_counts_but_uph.php

[DeeDeeNY]

6. He should have been totally exonerated

Weren't the campaign "contributions" actually donations that didn't even go to Siegelman's campaign but to an eduation project? I don't get how that is a criminal offense, especially since Scrushy was a Republican who had previously been on that state board, appointed by a Republican governor.
:wtf:

[JSK]

9. Appointed to an UNPAID position

FORTY-FIVE State Attorneys Generals stated publicly that what Siegelman did was NOT a crime.

[Jeff In Milwaukee]

12. And wasn't this dude ALREADY in the position?

I recall reading somewhere that he had been originally appointed to the panel by the previous governor.

[JSK]

22. I don't think he was currently in the position

but he had served on whatever board/panel in a past administration

[movonne]

7. Where are all the repug criminals??? one thing I know they are not

in jail...

[road2000]

8. Siegelman should be completely exonerated. n/t

[cosmicdot]

11. the 3 'judges'

looking up their names and bios at http://www.fjc.gov/

Chief Judge J.L. Edmondson - James Larry was appointed by Reagan
Judge Gerald Bard Tjoflat - Nominated by Richard M. Nixon
Senior Judge James C. Hill - James Clinkscales was appointed by Richard M. Nixon

[Gregorian]

14. Oops. I thought they were appointed by Bush. Nope. Thanks for pointing it out.

http://www.nytimes.com/2009/03/07/us/politics/07siegelman.html?_r=1&ref=us

[goforit]

18. Repugs to the bitter end. When are people going to realize we are at war!!!

[Junkdrawer]

13. Betcha they sentence him to time served....

They don't want a martyr, but they also don't want him to run for office again.

[pacalo]

15. How many times would Bush have been convicted of hiring based on contributions?

This is bullsh!t.

[midnight]

16. The man who prevented Sieglman a recount appointed a judge.

Siegelman ruling and update . . . by Larisa Alexandrovna

Okay, now let's also recall something very important to both this case and that of Paul Minor. In Alabama, the former Attorney General who sealed the ballots during the 2002 election, not allowing Siegelman to get his rightful recount, was William Pryor. Within several months of his sealing the ballots, he was appointed on a recess appointment to the 11th Circuit Court of Appeals (the same court that just ruled on this case). Although Pryor was not part of the 3 judge panel reviewing this case, his recess appointment into a position of such authority raises questions about other judges. It should also be noted that Pryor was a former client of Karl Rove.


More @ http://www.atlargely.com/2009/03/siegelman-ruling-and-u...

[w4rma]

19. Wow, are all Republicans in government corrupt? Even their judges? (nt)

[lovuian]

20. we have NO Justice in America

Rise up

[dkofos]

21. How the hell did they find anything wrong with reappointing Scrushy

to an UNPAID state board that he sat on thru the previous 2 administrations.

[L. Coyote]

23. Bottom lines are covering up stolen election in 2002 and Big Oil revenge on Siegelman.

Taken in that context, this stinks to high heaven of a Southern Good Old Boy Corrupt Republican conspiracy being kept under wraps.

FROM THE TOP .... The story broke in early June 2007, popping up on my daily news search for "Karl Rove."

Abramoff and Kark Rove Linked to Prosecution of Ex-Alabama Governor and Campaign Finances
http://www.democraticunderground.com/discuss/duboard.ph...

Rove Linked to Prosecution of Ex-Alabama Governor
By ADAM ZAGORIN/WASHINGTON - Friday, Jun. 01, 2007 - http://www.time.com/time/nation/article/0,8599,1627427,00.html?xid=rss-nation

In the rough and tumble of Alabama politics, the scramble for power is often a blood sport. At the moment, the state's former Democratic governor, Don Siegelman, stands convicted of bribery and conspiracy charges and faces a sentence of up to 30 years in prison. Siegelman has long claimed that his prosecution was driven by politically motivated, Republican-appointed U.S. attorneys.

Now Karl Rove, the President's top political strategist, has been implicated in the controversy. A long time Republican lawyer in Alabama swears she heard a top G.O.P. operative in the state say that Rove "had spoken with the Department of Justice" about "pursuing" Siegelman, with help from two of Alabama's U.S. attorneys. ..............

========================
From June 3, 2005 by the Boston Globe
Gambling, GOP Politics Intertwine, Casino Payments Seen as Influential
by Michael Kranish - http://www.commondreams.org/headlines05/0603-08.htm

WASHINGTON -- George W. Bush gave the nation's gambling industry plenty of reason to fear his presidency. .... He wooed religious conservatives by boasting in a presidential debate about his ''strong antigambling record."

But as president, Bush has not spoken out against gambling. .... as Republican lobbyists and activist groups collected tens of millions of dollars from Indian tribes seeking to preserve their casinos. Now those payments are the focus of Senate and Justice Department investigations.

... White House ... annual sessions over a four-year period that were arranged by antitax crusader Grover Norquist ... After Bush dropped his antigambling rhetoric, lobbyists touted their access, and fund-raising from Indian tribes grew exponentially.

...Norquist('s) ... organization received $1.5 million from tribes and fought a tax on Indian casinos; lobbyist Jack Abramoff, a top Bush fund-raiser who earned millions of dollars in fees as a consultant to gaming tribes; and Ralph Reed ...

=========================
Mar-27-08 - Gov. Don Siegelman, the Roughly $3.6 Billion, ExxonMobil, and Pissing Off BIG OIL.
There is a story little told, from before the 2006 prosecution,
before the illegal campaign contributions to Riley from Abramoff and his felonious pals,
before the 2002 AL election theft stole victory from Dems in the middle of the night.

Siegelman's administration sued BIG OIL. ExxonMobil committed fraud and underpaid Alabama
in a contract for natural gas pumped from Mobile Bay. Alabama won that litigation, and a
jury awarded the state a judgment against ExxonMobil of roughly $3.6 billion. Not chump change!

Is that where it starts? This incident is certainly a BIG possible!
Or was this gambling corruption? Or just felonious politics?
How about defense contractors corrupting politics? Possible.
Or, it it another case of "ALL OF THE ABOVE"?

------
ExxonMobil’s Alabama Paydirt
Scott Horton - Nov 4, 2007 - http://www.harpers.org/archive/2007/11/hbc-90001584

===============

MORE Deja DU: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2909551

[L. Coyote]

24. HORTON: Siegelman Convictions Upheld

March 6, 3:50 PM, 2009 · No Comment · http://harpers.org/archive/2009/03/hbc-90004513
Siegelman Convictions Upheld

By Scott Horton

The Court of Appeals in Atlanta today upheld most of the convictions delivered against former Governor Don Siegelman, rejecting only two of the counts. In particular, the Court sustained charges that Siegelman behaved corruptly when, after a foundation received a contribution from insurance executive Richard Scrushy, he appointed Scrushy to a regulatory board. The Court found that the jury in the case was within its rights when it found that Siegelman’s appointment was a quid pro quo in exchange for the contribution to the foundation.

The Court also concluded that there was no clear evidence that Judge Mark Everett Fuller, in sentencing Siegelman, retaliated against Siegelman for arguing that the prosecution was politically motivated. They overturned two of Siegelman’s convictions and are therefore sending the matter back to Judge Fuller for resentencing.

There are two points to consider. First, nearly all the disclosures that undermined confidence in the fairness of the Siegelman trial occurred after the trial record was closed–and none of these disclosures were examined by the Court of Appeals. Even though the appeals court looked into jury misconduct, it did not have before it the much more powerful evidence of misconduct that a whistleblowing member of the prosecution team subsequently disclosed to the Justice Department—because the Bush Justice Department, in violation of its plain ethical duties, chose to keep all of that secret. So although an appeal has been taken and resolved, not one of the truly significant issues with the Siegelman case was ever briefed or argued. That remains for the future.

Second, the opinion in this case was rendered “per curiam.” That’s often the approach taken by judges when they don’t want to own up to their own writing. In my opinion none of the judges would want to own up to being the author of this opinion .............

[Bonescrat]

25. In a just world there would be a presidential pardon. nt

[aldo]

26. Contact Holder/Obama -- Ask for a pardon

This is just insane. These Ratpublicans have no shame. Apparently we can't expect justice from Republican judicial snakepits.