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AUGUST 03 2007

Did Judge Fuller perform up to the standards of judgeship that the
public expects?
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Judge Fuller and the Trial of Don Siegelman
By Scott Horton with contributions by Evan Magruder  Harper's

Given [common] standards of judicial conduct, we can ask: in the
case against Don Siegelman, did Mark Fuller perform the essential
functions that the citizens expect of a federal judge?

    1. Was it appropriate for Judge Fuller to handle the case given
    his highly partisan political past and his clash with the
    Siegelman administration over the “salary spiking” case in
    Coffee County?
    2. Why, given that a case against Don Siegelman had been
    commenced in Birmingham before Chief Judge U.W. Clemon,
    ending in a dismissal with prejudice, the federal prosecutors
    were suddenly before a new grand jury in a new district?
    3.Why the prosecution was permitted to use the Racketeer-
    Influenced and Corrupt Organizations Act (“RICO”) as the
    basis for its case against Siegelman. RICO was developed in
    the late 1960s to provide prosecutors more reach to fight
    organized crime.
    4. Why was the case built by linking Siegelman to his
    adversary Richard Scrushy, the notorious executive of
    HealthSouth.
    5. Why did the leading newspapers in two of Alabama’s major
    cities—Birmingham and Mobile—give biased and wide ranging
    coverage of the investigation and prosecution of Don
    Siegelman? And these papers had access to nearly every
    aspect of the prosecution’s case, including its witnesses and
    its evidence. They knew the charges before their formal
    presentation; they even knew in some detail what transpired
    before the grand jury.

Did Mark Fuller perform the essential functions that the citizens
expect of a federal judge? The answer is no. The conviction was a
travesty.

<link to Harper's>
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Sponsored by Friends of Don Siegelman  2007
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Chief Judge Mark E. Fuller,
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