Don Siegelman and Richard Scrushy ask for evidence they believe could lead to a new trial

[midnight]

Source: The Birmingham News



Former Alabama Gov. Don Siegelman.
U.S. District Court Magistrate Judge Charles Coody heard about three hours of oral arguments today on whether prosecutors should be required to turn over evidence that attorneys for former Gov. Don Siegelman and HealthSouth founder Richard Scrushy claim would prove their clients deserve a new trial.
Coody said he would take arguments from defense attorneys and prosecutors under advisement and gave no indication when he would rule.
Siegelman and Scrushy were convicted on corruption charges in 2006. Defense attorneys argued today that Leura Canary, who was U.S. attorney in Montgomery at the time of the trial, was involved with the case even though she technically had recused herself. They claim Canary was biased because her husband, Bill Canary, was a Republican operative and was a supporter of Republican Gov. Bob Riley when he ran against Siegelman, a Democrat, in 2002.
Defense attorneys are asking that prosecutors turn over evidence pertaining to Canary's recusal and actions they claim show she didn't truly recuse herself. They say the documents would prove their clients got an unfair trial.

Read more: http://blog.al.com/spotnews/2011/11/don_siegelman_and_richard_scru_1.html

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Ten years later and the defense still does not have the discovery the prosecutor says proves Siegelman is guilty of criminal activity that sent him to jail..... Plus the prosecution is claiming a crime happened via Scrushy giving money to Siegelman's campaign, but isn't that what we have compliments of Citizen's United.

[pacalo]

1. K&R.

[OnyxCollie]

2. K&R. nt

[russspeakeasy]

3. You will just have to trust me on this; If Scrushy touched it,

it's dirty.

[midnight]

5. That's the approach the prosecutor has been going with... He needs to release the evidence...

[DCKit]

4. "Ten years later and the defense still does not have the discovery..."

That should put each of them in prison for just as much time - and the judge too.

Edited to add:

I LURVE Eric Holder's shiny new DOJ.

[midnight]

6. e-mails showing Canary making financial requests for the case and suggesting a possible “gag order”

for Siegelman to U.S. attorneys in 2005 showed she had not distanced herself from the case.


"Attorneys for Siegelman and Scrushy argued that e-mails showing Canary making financial requests for the case and suggesting a possible “gag order” for Siegelman to U.S. attorneys in 2005 showed she had not distanced herself from the case. They are seeking documents from the U.S. government that, they argue, could help them press their case for a new trial."http://www.andalusiastarnews.com/2011/11/03/siegelman-scrushy-want-evidence-for-new-trial/