Fed Judge Explains Reasons for Siegelman Imprisonment while Awaiting Appeal

[mod mom]

Federal judge explains reasons for keeping Siegelman in prison while awaiting appeal
Calls reversal of conviction unlikely

Thursday, January 03, 2008
KIM CHANDLER
News staff writer
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.

-snip

Fuller wrote that defense lawyers had not shown a substantial question likely to reverse the conviction.

Quid pro quo:

He rejected defense arguments that prosecutors failed to prove a quid pro quo deal between the men to swap the campaign money for the appointment. Fuller said the specific statute under which Scrushy and Siegelman were convicted did not require proving they had a deal to swap the appointment for the donation. However, his instructions to the jury "sufficiently apprised the jury of that requirement," Fuller wrote.

-snip


http://www.al.com/news/birminghamnews/index.ssf?/base/news/1199369729321200.xml&coll=2

[mod mom]

1. HARPERS: The Pork Barrel World of Judge Mark Fuller

The Pork Barrel World of Judge Mark Fuller
DEPARTMENT No Comment
BY Scott Horton
PUBLISHED August 6, 2007

For the last week, we’ve been examining the role played by JudgeMark Everett Fuller in the trial, conviction, and sentencing of former Alabama Governor Don E. Siegelman. Today, we examine a post-trial motion, filed in April 2007, asking Fuller to recuse himself based on his extensive private business interests, which turn very heavily on contracts with the United States Government, including the Department of Justice.

The recusal motion rested upon details about Fuller’s personal business interests. On February 22, 2007, defense attorneys obtained information that Judge Fuller held a controlling 43.75% interest in government contractor Doss Aviation, Inc. After investigating these claims for over a month, the attorneys filed a motion for Fuller’s recusal on April 18, 2007. The motion stated that Fuller’s total stake in Doss Aviation was worth between $1-5 million, and that Fuller’s income from his stock for 2004 was between $100,001 and $1 million dollars.

In other words, Judge Fuller likely made more from his business income, derived from U.S. Government contracts, than as a judge. Fuller is shown on one filing as President of the principal business, Doss Aviation, and his address is shown as One Church Street, Montgomery, Alabama, the address of the Frank M. Johnson Federal Courthouse, in which his chambers are located.

-snip

http://www.harpers.org/archive/2007/08/hbc-90000762

[Rageneau]

2. More reason to believe Republicans are hopelessly corrupt.

No one has to tell me that this judge is a conservative. I'd stake my life on it. There is also no doubt that he is letting his private business interests determine his judicial rulings, a conservative Republican thing to do.

When Seligman ftinally gets out of jail, I hope Judge Fuller takes his place.

Unfortunately, we have to depend on the Democratic Party to bring us that justice, and they might be too scared to.

[mod mom]

3. Read the Harper's on the judge in #2. He's making big bucks off fed contracts-

it's UFB!

[EFerrari]

4. K&R. Hi, mod mom. Power has been out.

Back up now.

Fuller is treading water. He knows the political wind is changing.

[mod mom]

The last reminents of the major transfer of wealth in this country. We have to

make sure that those we elect not only change their ways but GO AFTER THOSE TAXPAYERS DOLLARS AND BRING THOSE WHO ABUSED THE SYSTEM TO JUSTICE. imho

Millions to this Judge, and in my state 50 million to Tom Noe to invest in coins and beanie babies. They are so corrupt.

Glad your power is back. :hi:

[salin]

5. Do you think he has an inkling yet, that at some point

he is going to receive some sort of karmic slap and it will be a biggie.

[mod mom]

6. I prefer a justice system that goes after these payoffs and bring these thugs

to justice than waiting for karma to catch up.

[salin]

7. but in my read - that would be a big karmic slap

we are in agreement.

[mod mom]

8. My bad...

I perceive karma as the forces of nature, I meant the forces of men should bring justice to these vermin.

peace. :hi:

[salin]

9. Your read is probably correct

I think of karma in terms of how situations beyond one's control unfold. And they were (and still are) so emboldened that they didn't hide or cloak their bad acts very well. I think there will be serious consequences for this gang. Or at least I deeply hope that this is the case.

[EFerrari]

10. Kick. We need a few votes here please!

:kick:

[understandinglife]

11. Recommended.

:hi:

[L. Coyote]

12. K & R

[bleever]

13. K&R for Dan Siegelman.

Thanks for the update.

[pberq]

14. Kick & Nominated

[EFerrari]

15. Kick

[EFerrari]

16. Kick