DECEMBER 09 2008

1. Don Siegelman's Legal Team Appeals to 11th U.S. Circuit Court
2. Appeal Hearing in Ex-Governor’s Conviction
3. Siegelman Appeals Panel Might Be Leaning Toward a New Trial
4. Federal Judges Take Siegelman Appeal Under Advisement
5. Exclusive: Siegelman speaks out

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1. Don Siegelman's Legal Team Appeals to
11th U.S. Circuit Court
by By Greg Privett, WHNT NewsChannel 19 Chief Investigative Reporter

Former Alabama Governor Don Siegelman had his appeal Tuesday
morning, before the 11th U.S. Circuit Court in Atlanta.  He walked
away in good spirits, saying he thought he got a fair hearing.

Attorneys for Siegelman and Richard Scrushy urged the judges to
overturn their convictions in a federal government corruption case.  
The hearing lasted about 50 minutes.  Siegelman did not speak
during the hearing, only his lawyers, as well as a lawyer for Scrushy.

<link to source>

<link to video - Update:Siegelman Appeal>
<link to video - Exclusive:Don Siegelman Talks about Appeal>

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2. Appeal Hearing in Ex-Governor’s
Conviction
by Adam Nossiter of the New York Times

....One of the judges, James C. Hill, seemed to find it interesting that
the only evidence for bribery was an ambiguous conversation
between Mr. Siegelman and his former aide, Nick Bailey, about Mr.
Scrushy’s contribution.

Mr. Bailey testified that he said, “What in the world is he going to want
for that
*?” referring to the first part of Mr. Scrushy’s $500,000
contribution. Mr. Siegelman is said to have replied, “the CON board,”
referring to the state Certificate of Need board, which approves
hospital projects.

“That may be his best argument,” said Judge Hill, referring to Mr.
Siegelman.

Another Siegelman lawyer, Vince Kilborn, said the comment indicated
that the judges were struggling to decide whether there was enough
circumstantial evidence to convict Mr. Siegelman on a possible quid
pro quo.

<link to source>

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3. Siegelman Appeals Panel Might Be
Leaning Toward a New Trial
by Roger Shuler of Legal Schnauzer
.
...The court's questions focused primarily on juror misconduct and the
obstruction of justice count involving the purchase of a motorcycle,
with little time spent on the alleged bribe between Siegelman and
former HealthSouth CEO Richard Scrushy.

Gentle said that might be a good sign for Siegelman and Scrushy.
"The court can't be willfully blind to the overwhelming evidence" that
jurors improperly read news reports and communicated via e-mail,
Gentle told Wilson. "And if the motorcycle is all the prosecution has,
they've got nothing."

<link to source>
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4.Federal Judges Take Siegelman Appeal
Under Advisement
by Glynn Wilson of the Locust Fork Journal

The three federal judges who will decide the legal fate of former
Alabama Governor Don Siegelman and his co-defendant Richard
Scrushy asked deliberate questions of attorneys in an appeal hearing
Tuesday morning, focusing primarily on the basis of the evidence for
the obstruction of justice charges, although they spent a majority of
the time trying to hone in on the facts about the issue of juror
misconduct.

After watching the proceedings and listening to the attorney
presentations and exchanges with the judges, Birmingham attorney
Ed Gentle agreed with my analysis that the court is leaning at the very
least toward declaring a mistrial on the basis of juror misconduct.

<link to source>

...............................................................................................................5.
Exclusive: Siegelman speaks out
by Tommy Stevenson of the Tuscaloosa News Blog

"I think it went extremely well," Siegelman said by phone after
returning to Birmingham with and easting dinner with his family. "The
three judges seemed extremely well informed about the issues of the
case and asked some very tough questions of the prosecution."


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(photos by WHNT NewsChannel 19's
Shane Hays)

Don Siegelman and friend Ken
"Maze" Marsh, outside the Federal
Courthouse in Atlanta
* I remember this differently than
Mr. Nossiter. The quote was
"What is he going to want?" The
judge stated that it is significant
that he did not say "for that".

Anita Darden
(photos by WHNT NewsChannel 19's
Shane Hays)

Don Siegelman , his son Joseph,
and friend Ken "Maze" Marsh,
outside the Federal
Courthouse in Atlanta
photo by Glynn Wilson
Former Alabama Governor Don
Siegelman outside the court of
appeals building in downtown
Atlanta.
photo by Glynn Wilson
Former Alabama Governor Don
Siegelman, wife Lori,  and AP
journalist Bob Johnson outside
the court of appeals building in
downtown Atlanta.
photo by Glynn Wilson
Former Alabama Governor Don
Siegelman, wife Lori,  with the
press outside the court of appeals
building in downtown Atlanta.