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Some believe Siegelman, Scrushy sentences too harsh Political observers with whom I have talked this week believe recommended sentences of 30 years for Don Siegelman and 25 years for Richard Scrushy are above and beyond what is reasonable. Most point to the sentence of 30 months given Vice President Dick Cheney's top aide, Scooter Libby, as what would be more in line for the former governor and former Health South CEO. Sentencing for the two is scheduled next Tuesday before U. S. District Judge Mark Fuller in Montgomery unless the United States Court of Appeals in Atlanta intervenes. Scrushy has filed a motion before the court seeking to remove Fuller from the sentencing process. I admit I have never been a fan of Siegelman or his administration; nonetheless, I would have to agree that the prosecutor's sentencing recommendations are indeed over the top for both he and Scrushy. Siegelman is correct when he says those sentencing recommendations would be "life sentences" for the pair. In a trial in which some jurors freely discussed the case with each other via e-mail outside the deliberation room, Siegelman and Scrushy were convicted on bribery, conspiracy and mail fraud charges surrounding a $500,000 donation from Scrushy to the campaign for an Education Lottery, and Scrushy's reappointment to a state hospital board. The jury acquitted Siegelman on 25 other counts. Former Birmingham City Councilman Jimmy Blake, a Republican, wrote recently that if the charges leveled by both Siegelman's and Scrushy's defense lawyers prove correct, jury behavior (the alleged email banter) may have prejudiced the outcome of their trial. "And if the judge in this case, in fact, does have more than an arm's length relationship with the prosecution, it is not an assault on the judge's character to insist he remove himself from presiding over the proceedings. It is fundamental to the issue of fairness by any definition," Blake stated. **** Butts denies being on Siegelman conspiracy call Former Supreme Court Justice Terry Butts has forcefully denied that he was ever on a telephone call with a Rainsville lawyer who has alleged that the former justice, Rob Riley, Gov. Bob Riley's son and Business Council President Bill Canary were on a conference call on Nov. 18, 2002, discussing ways to handle former Gov. Don Siegelman if he continued to push for an election recount. The lawyer, Jill Simpson, who says she was a Riley campaign worker, and prepared an affidavit under oath, claims that Canary indicated on the call that Karl Rove was already working on the matter at the Justice Department and that "his girls" meaning his wife, Leura Canary, the U. S. Attorney for the Middle District of Alabama and Alice Martin, the U. S. Attorney for the Northern District, would take care of Siegelman. The former governor and Richard Scrushy were prosecuted and convicted in Montgomery by Leura Canary's office but the investigation was opened before she was appointed and once in office she did not participate in the case. Assistant U. S. Attorney Steve Feaga called the allegation "preposterous" and said career prosecutors in the office made the decision to pursue the case against Siegelman. Martin, however, did prosecute Northern District conspiracy and health care fraud charges against Siegelman in 2004, but the charges were tossed by U. S. District Judge U. W. Clemon. In last week's column I quoted Butts as saying that he did not recall the conversation... and that "it must have been the work of a drunk fiction writer." However, I also said that none of the participants had actually said they absolutely did not participate in the call. Here is what Butts e-mailed me: "I do not know Ms. Simpson and have never been on any call with her, Rob Riley and Bill Canary--the call never happened with me and all the allegations Ms. Simpson attributes to me are complete fiction. In fact, I have never had a phone conversation with Bill Canary in my life. Maybe I should have, since Bill raised tons of money for and supported my opponents in both statewide races I made --the Supreme Court in '94 and Attorney General in '98, which I lost by three tenths of 1 percent. I never talked to then Gov. Siegelman during the post elections challenges in 2002 while I was representing Gov. Riley...as you know, not only did I not talk to then Gov Siegelman, but I could not ethically speak with him as he was represented by Joe Espy, Bobby Segall and Boots Gayle, some very fine attorneys. As far as Ms. Simpson's allegations about the KKK rally, Riley signs, etc. and me somehow persuading Gov. Siegelman to concede...again total fiction." Butts then followed up with a second e-mail, which describes the scene when Siegelman called Riley to concede: "One other thing you may be interested in...and I don't want to appear as if I protest too much...but on the date alleged by Ms. Simpson, Nov 18, 2002, I recall the following: We (meaning Gov Riley, Rob and Matt Lembke, co-counsel with me for Riley) were present in Rob's law office in Birmingham --all working on different matters there were a number of people around working on many things, including Steve Windom and Toby Roth-- I was working on new allegations/problems with Russell, Clarke, and some other counties threatening to recount votes. The appeal was already filed in the Supreme Court, but as I recall, the Court had taken no action on staying any recounts. Sometime that afternoon, someone came into the room where Lembke and I were working, advising that Gov. Siegelman's campaign had just called stating that Gov. Siegelman was about to call Gov. Riley and that Gov Riley wanted Matt and me present when he took Gov. Siegelman's call. Matt and I went into the office with Gov Riley, Rob, Steve Windom, Toby Roth, and others standing in the doorway in fact, Matt and I pulled chairs up by Gov. Riley and waited with him for the call." "The call came shortly thereafter. Of course, we couldn't hear Gov. Siegelman's end of the call, but we could hear Gov Riley's. The two men had a very amicable and friendly conversation. When Gov Riley hung up the phone, he stood up, Lembke and I stood up, and Gov Riley put an arm around each us, hugging us to him, and said: 'The winning team'. Rob Riley had a camera and snapped a photo...then there were hugs and handshakes all around and that was the end of it."
Siegelman conceded publicly; we all rode with Gov. Riley to his press conference. I recall we were all exhausted because there had been several days of around the clock working on the various pending lawsuits and the various legal briefs. There just was no way anyone could be concerned at that point about anything Ms. Simpson alleges--it is just bizarre."
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