JUNE 30 2009

1. Don Siegelman Files Motion for New Trial Based on Newly
Discovered Evidence
2. The Cheating of Don Siegelman, Part IV
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1. Don Siegelman Files Motion for New Trial
Based on Newly Discovered Evidence
by David Swanson for Dailey KOS

Former governor of Alabama and political prisoner Don Siegelman
has filed a motion (PDF) for a new trial based on newly discovered
evidence.

Here are the highlights:
  • The detailed allegations here are worse than the heading
    sounds. Siegelman accuses the government of shaping the
    testimony of a key witness.
  • Jury tampering as well as witness tampering.  The House
    Judiciary Committee and a group of 75 former state attorneys
    general have both already complained about this to the U.S.
    Justice Department.
  • And what was still missing?  ... Judge tampering, of course!  
    This is like a Karl Rove election theft: it's attacked from every
    angle at once.
  • THE FAILURE OF U. S. ATTORNEY LEURA CANARY TO ABIDE BY HER
    ANNOUNCED RECUSAL DEPRIVED SIEGELMAN OF HIS ENTITLEMENT
    TO A DISINTERESTED PROSECUTOR

<link to source>
............................................................................................................2. The
Cheating of Don Siegelman, Part IV
by Roger Shuler of Legal Schnauzer

.
...What is hearsay? It is "second hand" evidence and generally not
admissible. Here is one definition:

The hearsay rule is a rule of evidence which prohibits admitting
testimony or documents into evidence when the statements contained
therein are offered to prove their truth and the maker of the
statements is not able to testify about it in court. Hearsay is "second-
hand" information. Because the person who supposedly knew the
facts is not in court to give testimony, the trier of fact cannot judge the
demeanor and credibility of the alleged first-hand witness, and the
other party's lawyer cannot cross-examine him or her. Therefore,
there is a constitutional due process danger that it deprives the other
side of an opportunity to confront and cross-examine the "real"
witness who originally saw or heard something.

There are a number of exceptions to the hearsay rule, and one of
those played a key role in the Siegelman convictions. It is called the
"coconspirator exception," and it applied to statements attributed to
former HealthSouth lobbyist Eric Hanson.

The evidence came in testimony by former HealthSouth executive
Mike Martin, who said that Hanson bragged at the Healthsouth annual
retreat “that he was able to get us a spot on the CON Board with the
help of the Integrated check."

<link to source>

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Former governor of Alabama
and subject of Bush-Rove
political prosecution, Don
Siegelman filed a motion
(PDF)
for a new trial based on newly
discovered evidence.

MOTION FOR A NEW TRIAL
PDF file- 450K+- 64 pages