MONTGOMERY - Nearly two months after being ordered by an appellate court to explain his reasoning, a federal judge wrote Wednesday that he won't allow former Gov. Don Siegelman out of prison while appealing his conviction because he doesn't believe the conviction will be overturned.
U.S. District Judge Mark Fuller issued a 30-page order ruling that Siegelman should not be freed while he appeals his conviction. Fuller last year sent Siegelman directly to federal prison after he was sentenced to serve seven years, four months in prison for his conviction on bribery and obstruction of justice charges.
Judges with the 11th Circuit Court of Appeals twice ordered Fuller to provide a more detailed explanation of his decision, once in September and again in November.
Fuller's order puts Siegelman's legal quest for an appeal bond back before the 11th Circuit Court of Appeals.
"We're optimistic about it," Siegelman defense lawyer Vince Kilborn said.
Kilborn said he was frustrated about the amount of time it took to get the order from Fuller. "We had to have this to go forward," Kilborn said.
Lead prosecutor Louis Franklin said he was pleased by Fuller's decision to deny an appeal bond.
A federal jury convicted Siegelman and HealthSouth founder Richard Scrushy of federal funds bribery, conspiracy and honest services mail fraud. Jurors concluded Scrushy arranged $500,000 in donations to Siegelman's 1999 lottery campaign in exchange for a seat on the state health board that decides whether hospitals can expand.
Fuller wrote that defense lawyers had not shown a substantial question likely to reverse the conviction. MONTGOMERY - Nearly two months after being ordered by an appellate court to explain his reasoning, a federal judge wrote Wednesday that he won't allow former Gov. Don Siegelman out of prison while appealing his conviction because he doesn't believe the conviction will be overturned.
U.S. District Judge Mark Fuller issued a 30-page order ruling that Siegelman should not be freed while he appeals his conviction. Fuller last year sent Siegelman directly to federal prison after he was sentenced to serve seven years, four months in prison for his conviction on bribery and obstruction of justice charges.
Judges with the 11th Circuit Court of Appeals twice ordered Fuller to provide a more detailed explanation of his decision, once in September and again in November.
Fuller's order puts Siegelman's legal quest for an appeal bond back before the 11th Circuit Court of Appeals.
"We're optimistic about it," Siegelman defense lawyer Vince Kilborn said.
Kilborn said he was frustrated about the amount of time it took to get the order from Fuller. "We had to have this to go forward," Kilborn said.
Lead prosecutor Louis Franklin said he was pleased by Fuller's decision to deny an appeal bond.
A federal jury convicted Siegelman and HealthSouth founder Richard Scrushy of federal funds bribery, conspiracy and honest services mail fraud. Jurors concluded Scrushy arranged $500,000 in donations to Siegelman's 1999 lottery campaign in exchange for a seat on the state health board that decides whether hospitals can expand.
Fuller wrote that defense lawyers had not shown a substantial question likely to reverse the conviction. More on the story.
Who is Judge Mark Fuller?
Nominated by Bush on August 1, 2002. But this is interesting about Fuller:
Mark Fuller presided over the Siegelman trial and refused to recuse himself as judge in spite of a serious conflict of interest as president of Doss Aviation (and others like Aureus International) that has major contracts with the US Government and the Department of Justice.
Here are the rules for judges for conflict of interest:
In the first chapter of the
Code of Conduct
for United States Judges,
it says, in part:
"...a judge ... should not serve
as an officer, director, active
partner, manager, advisor, or
employee of any business
other than a business closely
held and controlled by
members of the judge's family."
The prosecutor for this case is Louis Franklin, an acting USA. Interesting that the USA of Middle Alabama is Leura Garrett Canary. Canary was the prosecutor of Siegelman case. But, here was the twist: Leura Garrett Canary, wife of Bill Canary, aide to Governor Bob Riley. Because of husband's connection to Alice Martin and Bob Riley, she recused herself from further proceedings.
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