Prosecutors Argue Against New Trial For Siegelman, Scrushy - Plus More Don Siegelman Resources

Prosecutors argue against new trial for Siegelman, Scrushy
By Kim Chandler | Birmingham News

MONTGOMERY - Federal prosecutors on Thursday asked a judge to deny former Gov. Don Siegelman's and HealthSouth founder Richard Scrushy's request for a new trial, arguing that the men's 2006 trial was fair.

Defense lawyers have asked U.S. District Judge Mark Fuller to grant a new trial arguing, among other things, that newly discovered evidence showed the 2006 case was tainted by prosecutor misconduct. Siegelman's lawyers said that prosecutors scripted the testimony of their star witness, former Siegelman aide Nick Bailey, and failed to turn over Bailey's notes to defense lawyers.

Prosecutors denied both claims in their filing and said defense claims were based on hearsay.

"What is remarkable here is that defendants' new evidence claims do not rest on even a foundation as shaky as recantation testimony from a trial witness ... While the government did meet with Bailey prior to trial, preparing a witness to testify is not misconduct," prosecutors wrote.

Defense lawyers in their request for a new trial quoted Bailey's statements to others that the prosecutors were so frustrated that they made him write his testimony to get his story straight. Read more.

More Siegelman-Scrushy Resources:

Rechecking the Mark Fuller Shuffle

Fuller Makes Siegelman's Case for Him

Just Desserts by Scott Horton

Larisa Alexandrovna's reporting:

• Part 1: Political Prisoner
• Part 2: Siegelman's Daughter Speaks Out
• Part 3: Running Elections from the White House
• Part 4: Mississippi Prosecutions
• Part 5: Interview with Mississippi Supreme Court Justice Oliver E. Diaz, Jr.
• Part 6: Break-Ins Plague Targets of Political Prosecutions
• Part 7: Justice for Sale
• Judge who denied Paul Minor's release protoge of Karl Rove
• DOJ Investigating 2 US Attorneys in alleged political prosecutions
• 60 Minutes signal dropped in Alabama only during Siegelman portion
• Interview with Dana Jill Simpson on Karl Rove's alleged smears
• Karl Rove's next move: A Million Dollar House in Florida
• Abramoff said he had agreement with White House aid regarding communications
• Treasury Department investigating US Attorney for sharing private income tax returns of a case target