Appeal court Judges refuse to release Scrushy on bond.

Source:Businessweek

A federal appeals court for the third time refused to release former HealthSouth CEO Richard Scrushy from prison while his conviction is being appealed.

The 11th U.S. Circuit Court of Appeals, in a decision made public Wednesday, ruled that it was denying Scrushy's request for an appeal bond because the former CEO had not proven he is not a flight risk.

Scrushy and former Alabama Gov. Don Siegelman were convicted in 2006 of bribery and other charges in a government corruption case.

Scrushy's attorneys have argued that, following a hearing last year, a federal magistrate found that Scrushy was not a flight risk. The trial judge, U.S. District Judge Mark Fuller, at one point upheld that ruling.

But when Fuller imposed a sentence of nearly seven years on Scrushy in June 2007, he ordered Scrushy into custody immediately and refused to allow him to remain free on appeal bond. When asked later by the 11th Circuit to write an opinion citing his reasons for not releasing Scrushy, Fuller wrote that he considered Scrushy to be a flight risk.

Scrushy had earlier offered to put up his own homes and other property to guarantee that he would not flee if released. Later, 10 individuals and families had offered to put up their property in support of Scrushy.
As of Saturday, Scrushy will have served one year in prison. He is being held at a federal prison in Beaumont, Texas.