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Prosecutors To Siegelman: Pay Fine Or More Time
Prosecutors want more prison time for former Gov. Don Siegelman (D-AL) if the judge decides not to require him to pay restitution* imposed on an acquitted charge.
A judge ordered Siegelman to pay $181, 325 in restitution for money he was accused of taking during a scandal involving state government-contractor GH Construction. Siegelman's lawyers want the fee eliminated, arguing that a judge can only require restitution when a defendant has been convicted of the underlying charges.
The prosecution responded today asking the judge to keep Siegelman behind bars longer if he lifts the fine:
To negate the $181,325 dollars in restitution without increasing the penalty in some other way would unfairly reduce the punishment the court obviously considered proper for this defendant and constitute a clear windfall not contemplated when the Court departed well below Siegelman’s guideline range.
Defense lawyers protested when the prosecution entered evidence from charges on which Siegelman was acquitted during the sentencing portion of the trial. They are now appealing the judge's decision to consider conduct from acquitted charges.
"There is a 6th amendment right to a jury trial, once you've been acquitted, that should be the end of it," said one of Siegelman's lawyers, Vince Kilborn. "That's a seminal argument."
Kilborn said the appeal will also center on whether the jury should have looked for a clear quid pro quo agreement between Siegelman and former healthcare CEO Richard Scrushy on the bribery charges. Kilborn said it was not enough to simply establish that Siegelman gave Scrushy a political appointment and Scrushy made a big contribution to a lottery education fund.
"You are going to have to go a step further and make sure that the government proves an expressed agreement or you are going to have a chilling effect on the basis of the democracy," Kilborn said. "You have a right to ask your representatives for things that you might want."
The appeals process could take a while, even a year or two, Kilborn said. Siegelman has been ordered to jail while he awaits his appeal, though his lawyers plan to ask the 11th Circuit to allow him to be free during the process.
His lawyers were scheduled to file the appeal asking for Siegelman's release earlier this week. The process was set back when the offices of one of his lawyers, Susan James, was ransacked. James said her office has been broken into in years past, but this one was a little unusual because electronics and bottles of alcohol were left untouched, while the cabinets containing client files had been opened. She said four coins that belong to another lawyer in the office were missing, but she wasn't completely sure if they were stolen or under the mess.
When the police found out she was handling Siegelman's case they called for more help on the scene, she said.
"Not only did they not take anything, they went through our client files, that made it just more suspicious," James said. "It could just be a random deal, but the drawers were open to all the files."
Update: An earlier version of this post said Siegelman was required to pay a fine, it should have said restitution.





okay JAKE, defend the actions of the prosecutors...
go ahead. See if you can wrap you widdle mind around the idiocy.
July 5, 2007 5:36 PM | Reply | Permalink
Even Libby paid his $250,400 fine!
July 5, 2007 6:18 PM | Reply | Permalink
Libby was convicted.
That's what I don't understand, how can he be punished for things he wasn't convicted of? This is absolutely ludicrous.
July 5, 2007 6:43 PM | Reply | Permalink
Someone's looking for more information on the Republican lawyer's affidavit! The Watergate plumbers strike again!!
July 5, 2007 6:52 PM | Reply | Permalink
Someone was looking for her notes on the affidavit from the Republican lawyer on Karl Rove's involvement in the prosecution!
The Watergate plumbers strike again!!
July 5, 2007 6:56 PM | Reply | Permalink
Siegelman and Scrushy are guilty and should go to prison. Scrushy's son has been arrested. Let them all go to prison and serve their debt.
July 5, 2007 7:53 PM | Reply | Permalink
Mark - this whole thing stinks. Unfortunately, like the entire Cheney administration. Betcha their shredding party makes Ollie & Fawn look like a bunch of pikers.
July 5, 2007 8:24 PM | Reply | Permalink
A tiny legal point here, Kilborn. To be crimally convicted, the jury has to believe beyond a reasonable doubt that Siegelman did the crime. It is quite possible that a specific piece of evidence may be 100% true, but the whole of the evidence is not enough to reach the standard of beyond a reasonable doubt. That evidence doesn't become untrue or necessarily irrelevant just because the guy was found not guilty. If the evidence is true and relevant, it should be allowed in sentencing despite it's origin. All kinds of stuff, like victim impact statements, prior bad acts, etc., are allowed at sentencing that aren't allowed in the other phases.
Stop crying and take your medicine.
July 5, 2007 8:40 PM | Reply | Permalink
A tiny legal point here, Kilborn. To be crimally convicted, the jury has to believe beyond a reasonable doubt that Siegelman did the crime. It is quite possible that a specific piece of evidence may be 100% true, but the whole of the evidence is not enough to reach the standard of beyond a reasonable doubt. That evidence doesn't become untrue or necessarily irrelevant just because the guy was found not guilty. If the evidence is true and relevant, it should be allowed in sentencing despite it's origin. All kinds of stuff, like victim impact statements, prior bad acts, etc., are allowed at sentencing that aren't allowed in the other phases.
Stop crying and take your medicine.
Posted by: Belle
Date: July 5, 2007 8:40 PM
I'll wait for your revised opinion once you actually know what the case is about, and the questionable conduct of it by prosecutors/DOJ and the presiding judge.
In short: you're looking at a "conviction" for actions identical to those of a Republican -- for which latter it wasn't illegal.
You'll find the most focused information about the case here --
http://harpers.org/subjects/NoComment
July 5, 2007 9:23 PM | Reply | Permalink
Belle,
From what I know about sentencing (which mostly has to do with domestic violence and rape cases as I've worked as a children's and women's advocate for several years), if a person is aquitted of the crime, by definition there is no victim for that particular crime. I think the judge's lousy judgement (sorry for the bad pun) has just bought Seigelman a successful appeal. To my knowledge, you cannot sentence someone for a crime that a jury has found reason to aquit for.
Whatever else may have happened in this case (Seigelman may well be dirty, unfortunately, Republicans aren't the only ones who commit crimes), the judge has pushed way past what he is allowed to do. Recent cases have made it VERY clear that a judge cannot overrule the jury's verdict, e.g. pass a sentence/fine for a crime for which a defendent was aquitted.
July 5, 2007 9:47 PM | Reply | Permalink
This is beyond silly. Just because a person is a Democrat doesn't make a person automatically innocent. That's not just partisan politics -- it's blind politics.
Siegelman and Scrushy are guilty and should serve their time. And the Alabama Democratic party needs to move forward or face a ethics backlash in 2008 and 2010.
July 5, 2007 10:11 PM | Reply | Permalink
Jake, Mark, and Belle,
I've been following this case pretty closely, and it has stunk from the beginning. It was filed shortly before the 2002 election by a US Attorney who had an undeniable conflict of interest, which she then tried to cover up by recusing herself but promulgating the claim that it was another US Attorney who had filed it.
Have you read Dana Jill Simpson's affidavit regarding the conference call in which US Attorney Leura Canary's husband, Bill, said that "Karl Rove had promised to get the Justice Department on Siegelman. Canary also allegedly said he'd get his "girls" on Siegelman, referring to two of the US attorneys in the state"[TPMMuckraker 6/27/07]?
Did you know that Simpson is a Republican attorney who came forward with this information?
Did you know that Bill Canary is a GOP operative in Alabama and friend of Karl Rove who in this "conference call amongst several top strategists on the Bob Riley (R) gubernatorial campaign in 2002 ... discussed possible ways to force Riley's opponent, Siegelman, to concede the hotly contested election" [TPMmuckraker 6/22/07]? Canary was assured that the DoJ was ready to move forward with the prosecution.
Were you aware that, when asked by a reporter about the allegations made in Simpson's affidavit,
"Rove's response (with a smile) to such an explosive accusation:
"'I know nothing about any phone call,' Rove said.
"Then a White House press aide stepped up and said, 'What he meant to say was that he has no comment'" [TPMmuckraker 6/25/07]?
No one said that he did.
How about that when the prosecution was pushing for a 30-year sentence, Siegelman cited the last prosecution of a governor for political corruption, against Guy Hunt in 1993, noting "'The government doesn't contend I ever put a penny in my pocket, and they're asking for a life sentence. ... For the Republican governor who actually stole $200,000, [key prosecutor on that case] Mr. [Steve] Feaga did not ask for a day in prison, not a day'" [TPMmuckraker 6/26/07]? It's just another case of unequal sentencing for similar offenses--the real difference being the political parties of each.
As I said, this whole thing stinks. Add to this that the judge has allowed even a mention of charges of which Siegelman is acquitted let alone a request for the fine associated with one smacks of severe misconduct.
Please, this is partisan, and there's no avoiding it. Even if some of the charges against Siegelman are true, this was a calculated effort to get him out and a Republican governor in.
There's no way that this isn't ugly, and it's just one more thing for the Congress to investigate.
Maybe Dana Jill Simpson has opened the door for other Republicans to come clean about these nasty doings. Congress is ready to listen, folks.
code: cloth, like the whole cloth the case is made from
July 5, 2007 10:53 PM | Reply | Permalink
"You'll find the most focused information about the case here --
"http://harpers.org/subjects/NoComment"
A little guidance to finding the great articles JNagarya suggests: They are entitled "Javert in Alabama" and "Javert in Alabama, Continued," both of which appeared on July, 2, 2007.
And if you don't get the reference to Javert, Scott Horton explains it succinctly.
Code: regret
Non, rien de rien. Non, je ne regrette rien!
July 5, 2007 11:20 PM | Reply | Permalink
FWIW, I've followed the case--through the AL papers, mostly--for years. And, based on what I read in the AL papers, I assumed that Siegelman and Scrushy were guilty, even though it looked like the "justice" used to get them was suspicious at best and most likely corrupt. However, now that I've dug through the court paperwork and taken another look at all those AL--we're talking the AL Newhouse papers, mostly the Birmingham News and the Mobile Register--articles, I think it's quite likely that Siegelman and Scrushy are innocent and they got shafted. The stuff written about the case in the AL papers while the investigation(s) and the trial(s) were going on just doesn't hold up to close examination and it's not in synch with the court records. I think it's no mistake that the court records that used to be posted on the Mobile Register website were removed when the Siegelman conviction started getting a lot of attention. It wasn't just the DoJ that took Siegelman down, a lot of the work was done by Republican operatives working at the Newhouse papers in the state. You can dig up most of the court records and articles though archive.org. See for yourself. The articles in the papers are all told from the perspective of the prosecutor and make a strong case for guilt until you take a look at the actual evidence and law involved. Yes, a jury found them guilty so, yes, they are guilty but the process that sent them to jail was wildly corrupt and it looks like the prosecutors and the judges involved were a significant part of the corruption. I know, I know, AL is full of corrupt politicians. And, yeah, the Guy Hunt conviction was almost as bad as the Siegelman mess but, in the end, I don't think Siegelman or Scrushy deserve jail time or even a guilty verdict.
July 5, 2007 11:24 PM | Reply | Permalink
I confess I haven't followed this case closely. It was my understanding that the evidence they wanted to introduce was from a previous case where Siegelman was found not guilty and they want to use it in a case where he was found guilty. If that's the case, I stand by by comments. If not, then how is he being sentenced in a case where he wasn't convicted?
July 6, 2007 12:58 AM | Reply | Permalink
HE SHOULDN'T HAVE TO SERVE A SINGLE-DAY IN PRISON, JUST LIKE LIBBY! MR. BUSH? AHEM???
AND HE SHOULD SUE: 1)GONZALES, AND 2)BUSH'S JUSTICE DEPT, [& 3)KARL ROVE] FOR:
ABUSE - OF - PROCESS...
&
MALICIOUS - PROSECUTION...
FOR PROSECUTING HIM FOR POLITICAL-CRIMES. AND WASTING THE JUDGES'/COURTS'/AND JURORS' TIME & RESOURCES. OY, HERB.
July 6, 2007 2:20 AM | Reply | Permalink
Roberta wrote: "Maybe Dana Jill Simpson has opened the door for other Republicans to come clean about these nasty doings."
Maybe she has opened the door, but potential whistleblowers will surely take note that Ms. Simpson's house was burned to the ground and her car run off the road (remember Karen Silkwood?) after she made known her intention to speak the truth.
Lovely bunch, Rove & company.
July 6, 2007 4:03 AM | Reply | Permalink
...Maybe Dana Jill Simpson has opened the door...
Maybe. But I refuse to be surprised when Ms. Simpson changes her mind about the affidavit and says she was confusing this phone call with a another phone call about a Republican politician and it's all okay now. No, I suspect the phone called happened and that Siegelman is innocent and Rove and Co guilty but I also think it's possible that they knew the Siegelman sentencing was going to generate some heat and the Simpson affidavit is meant to poison the well. Paranoid, sure. But they've had years to cover their tracks and set up some escape routes and/or gum up the works for years. What makes me think Simpson might be playing games is that her account is too sketchy and out of context to nail anyone. Why would she bother? Why not just write a few letters to the editor and/or speak out in support of Siegelman. If she's really worried about Siegelman has she talked to his lawyer? She's had weeks to flesh out her story but hasn't, it's just dangling there like bait. Even assuming she's honest but naive, there's no there there without one of the other callers speaking up and/or a tape of the call.
July 6, 2007 6:08 AM | Reply | Permalink
roveabramoff + mississippi choctaw indian tribe + tony rudy + ken mehlman + william canary +leura canary + DOJ Gov. Don Siegelman - Alabama's Porch Creek Indian Tribe's gambling license - Alabama's Educational System = 7yrs. 4mo. in Federal Prison.
July 6, 2007 10:35 AM | Reply | Permalink
Belle -
The prosecutors are adding in punishment using sentencing guidelines for all the crimes Siegelman was accused of committing. They're not saying that he should receive the maximum sentence for his convictions because of other information. I think that's how you're interpreting the prosecution's recommendations, and that would be appropriate. As you pointed out, all kinds of information can be used in sentencing.
If I understand correctly, they're saying he should be punished equally for convicted and acquitted offenses. That's just idiotic.
July 6, 2007 12:07 PM | Reply | Permalink
Thanks dcs. If they are saying he needs to be punished for stuff that he wasn't convicted of, then it is beyond idiotic. It's a perversion of justice. Sad, sad, sad but not surprising from this DOJ.
July 6, 2007 10:24 PM | Reply | Permalink
What did Siegelman do?
Somebody who donated to an lottery education campaign( which is a govt campaign and not a personal candidate campaign) was given a politcal appointment -- does not sound like bribery to me.
July 6, 2007 10:25 PM | Reply | Permalink
Siegelman should ask the help of National Governors Association.
Fellow Governors and ex-governors should be outraged for the treatment of a fellow governor.
July 6, 2007 10:28 PM | Reply | Permalink
Gov Siegelman should appeal to National Governor's Association besides the Congress.
Because fellow Governors and ex governors should be outraged for how they treated a fellow governor--and they would know what is acceptable behavior for a governor.
July 6, 2007 10:34 PM | Reply | Permalink