Former Gov. Don Siegelman and HealthSouth founder Richard Scrushy lawyers file final appeal briefs

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Former Gov. Don Siegelman and HealthSouth founder Richard Scrushy lawyers file final appeal briefs
Final appeals in for convictions in corruption case
Tuesday, September 30, 2008
KIM CHANDLER
News staff writer


MONTGOMERY - Former Gov. Don Siegelman and HealthSouth founder Richard Scrushy filed their final briefs Monday with the 11th Circuit Court of Appeals asking the court overturn their convictions in a government corruption case.

Defense lawyers wrote that prosecutors confused legal campaign contributions with illegal bribes and that the trial judge did not fully investigate allegations of juror misconduct.

The appellate court is expected to hear oral arguments in the case in December.

A federal jury in 2006 convicted Scrushy and Siegelman of federal funds bribery, conspiracy and mail fraud. Prosecutors alleged Scrushy bought a seat on the state Certificate of Need Review Board with $500,000 in donations to Siegelman's 1999 lottery campaign.

Siegelman also was convicted on a separate obstruction of justice charge on allegations he tried to hide money he got from a lobbyist by claiming it was an aide's down payment for his motorcycle.

Defense lawyers wrote Monday that federal prosecutors did not meet the legal standard established by the Supreme Court that differentiates an illegal bribe from a legal campaign contribution. In a 1991 case involving a West Virginia politician, the Supreme Court ruled campaign contributions could be prosecuted as bribes only when the politician makes an "explicit promise" to sell some official action in exchange for the contribution.

"Prosecutors must prove that the official promised, pledged to undertook to take some official action in exchange for the contribution," Siegelman's defense lawyers wrote.

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