Prosecutors want Siegelman, Scrushy convictions upheld
MONTGOMERY — Prosecutors have asked a federal appeals court to uphold the bribery convictions of former Alabama Gov. Don Siegelman and former HealthSouth CEO Richard Scrushy, saying testimony from key members of their inner circles confirmed they committed the crime.
The government's 170-page brief, filed with the 11th U.S. Circuit Court of Appeals and made public Monday, disputes item by item the arguments filed earlier by attorneys for Siegelman and Scrushy, including whether there was an explicit quid pro quo to support the bribery convictions.
Prosecutors also said the appellate court should deny the defendants request for a new trial because of alleged misconduct by jurors. Siegelman and Scrushy claim that jurors communicated among themselves by e-mail in violation of the judge's instructions, but prosecutors said those allegations were thoroughly investigated and should not be a reason to grant a new trial.
Siegelman was accused of appointing Scrushy to an influential hospital regulatory board, the Certificate of Need Review Board, in exchange for Scrushy arranging for $500,000 in contributions to Siegelman's 1999 campaign for a statewide lottery. In their appeal, Siegelman and Scrushy claim prosecutors never proved there was any kind of agreement that Siegelman would receive something of value in exchange for the appointment
But prosecutors said in their response that there was "explicit proof."
"The evidence proved that defendants had an agreement to exchange a $500,000 contribution to the lottery fund for membership on the CON Board, understood and faithfully executed its terms, and concealed their corrupt agreement from all but their most inner circle," prosecutors said in the filing.
The brief said Siegelman's former aide, Nick Bailey, and Scrushy's confidant, Mike Martin, then the chief financial officer at HealthSouth, both testified they were told of the deal. Bailey and Martin were not present when Scrushy and Siegelman met, but prosecutors said there was also corroborating testimony and evidence to support the convictions.
Siegelman's chief attorney, Vince Kilborn, said Monday he doesn't believe the government brief hurt the chances of his client and Scrushy winning on appeal.
"The government has not dented the basic argument that in a political setting it is required to prove an explicit quid pro quo," Kilborn said.
