A federal judge has rejected claims of grand jury misconduct and accusations that prosecutors unfairly targeted Democrats in an ongoing criminal investigation of Alabama's two-year colleges.
U.S. Chief Magistrate Judge Paul Greene said lawyers for state Rep. Sue Schmitz, D-Toney, failed to offer any evidence to support claims of prosecutorial misconduct or selective prosecution, accusations that other defense lawyers have repeated when criticizing U.S. Attorney Alice Martin's investigation of corruption in the college system. Greene noted defense claims that prosecutors improperly influenced the grand jury.
"The conclusion appears to be based on little more than Ms. Schmitz's self-serving expressions of disbelief and incredulity that she has been indicted," Greene wrote.
The rulings, issued over the past several days, are significant because they dismiss Schmitz' claims of prosecutorial misconduct as "unsubstantiated allegations" and "conjecture." Those claims have been repeated by Birmingham lawyer Doug Jones and others representing legislators tied to the colleges, who have argued that Schmitz's case proves their concerns that prosecutors acted improperly and misused the grand jury in a broader effort to hurt Democrats. Jones has made similar claims of misconduct in former Gov. Don Siegelman' prosecution.
"Ms. Schmitz must first establish a colorable claim of prosecutorial misconduct. She simply has not done so," Greene wrote in one ruling.
Schmitz faces trial on federal criminal charges of fraud and mail fraud, accusing her of taking more than $175,000 in two-year college pay for work she did not do. Her trial is scheduled to begin next week, although the case likely will be rescheduled because former system Chancellor Roy Johnson has been introduced as a witness against Schmitz.
More in the story.
U.S. Chief Magistrate Judge Paul Greene said lawyers for state Rep. Sue Schmitz, D-Toney, failed to offer any evidence to support claims of prosecutorial misconduct or selective prosecution, accusations that other defense lawyers have repeated when criticizing U.S. Attorney Alice Martin's investigation of corruption in the college system. Greene noted defense claims that prosecutors improperly influenced the grand jury.
"The conclusion appears to be based on little more than Ms. Schmitz's self-serving expressions of disbelief and incredulity that she has been indicted," Greene wrote.
The rulings, issued over the past several days, are significant because they dismiss Schmitz' claims of prosecutorial misconduct as "unsubstantiated allegations" and "conjecture." Those claims have been repeated by Birmingham lawyer Doug Jones and others representing legislators tied to the colleges, who have argued that Schmitz's case proves their concerns that prosecutors acted improperly and misused the grand jury in a broader effort to hurt Democrats. Jones has made similar claims of misconduct in former Gov. Don Siegelman' prosecution.
"Ms. Schmitz must first establish a colorable claim of prosecutorial misconduct. She simply has not done so," Greene wrote in one ruling.
Schmitz faces trial on federal criminal charges of fraud and mail fraud, accusing her of taking more than $175,000 in two-year college pay for work she did not do. Her trial is scheduled to begin next week, although the case likely will be rescheduled because former system Chancellor Roy Johnson has been introduced as a witness against Schmitz.
More in the story.
2 comments:
If the story is right (who knows?) then her argument as to the similarities between her case and Gov Siegelman's fake prosecution is quite a stretch...
There is a lot going on in Alabama. From following Sue Schmitz's case, her case is selectively prosecuted. I have never heard of the FBI storming into someone's home, halt Ms. Schmitz's hubby to the back yard, and remove Ms. Schmitz from the shower and handcuff her and halt her to the station. I posted about Ms. Schmitz in February. Certainly, her civil rights was violated. We will heard more and mor of political prosecution in two-college cases. Certain legislatures in Alabama are being targeted to have a dominated GOP fill those seat. Schmitz and Commissioner Gary White are both victims in this targeted case brought in by USA Alice Martin.
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