Sunday, November 15, 2009

Federal prosecutors oppose former Gov. Siegelman's appeal to the U.S. Supreme Court

WASHINGTON -- The U.S. Supreme Court does not need to hear the appeal of former Gov. Don Siegelman because prosecutors adequately proved at trial that he exchanged an official act for a political donation, according to written arguments filed late Friday by the U.S. Department of Justice.

Siegelman and co-defendant HealthSouth Corp. founder Richard Scrushy in August asked the justices to take up their case because they believe it raises broader legal questions about how much evidence is needed to prove bribery. They argue that the donations Scrushy made to Siegelman's lottery fund and Siegelman's subsequent appointment of Scrushy to a state health board were normal political transactions, not criminal. And they contend that government prosecutors never proved there was an explicit agreement to exchange the appointment for the $500,000 in donations..

But the solicitor general of the U.S., responding Friday on behalf of the prosecution team, said case law allows the jurors to infer, even from circumstantial evidence, that there was an agreement to exchange the money for the official action.

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