A three-judge console of the 11th Circuit Cloister of Appeals heard arguments this morning in Scrushy’s efforts to access a new trial. Scrushy’s attorneys accept argued lower cloister board erred by not absolutely vetting his accusations of juror, prosecutorial and administrative delinquency in his address for a new balloon and a new adjudicator in the case.
“We’re advantaged to a new trial,” Scrushy advocate Art Leach said afterwards the arguments
“We’re hopeful that we will get a audition and get analysis and the accuracy will appear out and we will accept a new trial,” Leach said.
Scrushy abrupt to 11th Circuit.pdf
Department of Amends abrupt to 11th Circuit.pdf
The above CEO of HealthSouth, who now lives in Houston, did not appear the arguments in Montgomery federal court.
A federal board in 2006 bedevilled Scrushy and above Gov. Don Siegelman of federal funds bribery, cabal and honest casework mail fraud. Prosecutors declared that Scrushy bought a bench on the accompaniment Certificate of Need Review Board with $500,000 in donations to Siegelman’s 1999 action campaign.
Scrushy’s attorneys asked the 11th Circuit to adjourn his address for a new balloon with orders for added discovery. Scrushy is additionally gluttonous the awkwardness of the balloon judge, or at atomic an evidentiary hearing, on area that District Adjudicator Mark Fuller did not acknowledge a affair apropos declared juror emails at the affection of the new balloon request.
The address to the 11th Circuit complex assorted issues. However, articulate arguments focused alone on Fuller and the emails.
Scrushy in 2006 requested a new balloon because of board delinquency arguing emails showed jurors break communicating during the trial. Fuller denied the motion.
”All accessible admiral r scum; abnormally this 1. pastor is reall a allotment of work. . . . . . . additionally accumulate alive on 30,” one of the letters read. The 30 is anticipation to be a advertence to addition juror.
“The key catechism is, were those emails real,” Scrushy advocate Jim Jenkins told the panel.
“If they were authentic, we get a new trial,” Jenkins said.
Defense attorneys acicular to a affair Fuller had afore he denied the new balloon motion. A adumbrative of the U.S. Marshals Service told Fuller that the postal ambassador bent the emails were fakes. The aegis teams did not apprentice of that affair until abundant later.
“He did not acknowledge that meeting,” Jenkins said.
Department of Amends advocate John-Alex Romano argued Scrushy wasn’t afflicted because Fuller said he was bold the emails were accurate back he denied the address for a new trial.
“Judge Fuller set that advice aside,” Romano said.
Fuller said alike if the emails were accurate that they did not arete a new trial, Romano told the panel.
Jenkins responded that the affair should accept been appear and that they alone had Fuller’s abstract assurance that he wasn’t afflicted by the advice he received.
All three board advised in and asked questions during the abrupt articulate arguments. At atomic one appeared apprehensive of the emails
“Do you accede the emails are at atomic facially suspect?” Adjudicator Dudley Bowen asked.
Romano said the way the emails were anonymously mailed and broadcast to aegis attorneys and jurors’ co-workers was “strongly suggestive” of addition aggravating to alarm jurors or arrest justice. The jurors accept ahead said in media interviews that the emails are fabrications.
Scrushy was appear from bastille aftermost summer afterwards commutual his sentence.
“He can’t balance the time in prison, but he can balance the actuality that he would not be a bedevilled felon,” Leach said.
Siegelman, who was appear from bastille for several years to address his conviction, alternate to bastille in September to accomplishment a added than six-year sentence. His supporters are gluttonous a presidential pardon.
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