Former Governor Don Siegelman in Montgomery to Appeal Conviction
Former Governor Don Siegelman was in Montgomery today trying to get out of prison. Siegelman was convicted of bribery and conspiracy in 2006 and has been fighting the conviction ever since. In a move that surprised many, he was ordered to be present at today’s hearing.
Don Siegelman came into the courtroom in handcuffs and shackles, looking very tired. Cameras are not allowed in federal court so we were not able to get video of him. One of the first questions the defense asked was if the judge would allow him to take off those handcuffs so he could take notes but after the prosecution objected, the judge said no.
Former Governor Don Siegelman has returned to Montgomery for his appeals hearing and he’s asking a judge to release him from prison pending that appeal. Siegelman is serving a six and a half year sentence at a federal prison in Louisiana for bribery and conspiracy. Federal Judge Clay Land, from the Middle District of Georgia is now presiding over his appeal, after Judge Mark Fuller was taken off the bench following his arrest on federal battery charges. Supporters say they now have hope.
“I’m optimistic because I think we’ll get some fresh eyes on the matter and I think that’s what we need,” says Ed Gentle. “I think it needs to be resolved on the merits.”
HealthSouth CEO Richard Schrushy was convicted alongside Siegelman and was released from prison in 2010. Siegelman’s attorneys are arguing that his prosecution was tainted because then U.S. Attorney Leura Canary, said she would recuse herself from the case but they say she failed to do so. Canary’s husband was the campaign manager for Siegelman’s political opponent at the time and his attorney’s say she had a financial conflict of interest.
“The Department of Justice has guidelines about how recusals are supposed to be handled and there is no objective human being who can look at these recusal guidelines and say that Leura Canary honored her recusal,” says Chip Hill, former Chief of Staff for Siegelman.
Prosecutors argued that Canary had limited involvement after her recusal and said that her financial conflict of interest was not great enough to be considered structural error. But Siegelman’s supporters believe otherwise.
“It seems to me, it goes back to some shenanigans on the part of Karl Rove and the Republican party,” says friend and Southern Baptist Minister Reverand William Ray Wade.
Neither the attorneys for the defense or prosecutors stopped to speak with the media. Don Siegelman’s son Joseph was allowed to sit at Don’s table as part of the defense team.
Federal Judge Clay Land says his decision will come down in writing by Friday. Don Siegelman is staying at the Montgomery County Jail until that decision is made.
