JANUARY 03 2008
1. Checking our the Mark Fuller Shuffle
2. Federal Judge explains reasons for keeping Siegelman in prison
while waiting appeal
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Checking Out the Mark Fuller Shuffle
By Roger Shuler of Legal Schnauzer
...Early Impressions
- Fewer than 14 pages (of 30) are devoted to addressing the
questions he was asked by the 11th Circuit Court of Appeals.
- Fuller himself reports that Scrushy gave money to the James
campaign, just as he gave money to a Siegelman campaign.
Which raises this obvious question: Why was Fob James not
investigated and prosecuted on corruption problems, as
Siegelman was? Does Fuller ask or answer this question in his
memorandum opinion? Not on your life.
- This section is full of "hedge language," but Fuller seems to be
saying that federal bribery law under 18 U.S. Code 666 does
not require a quid pro quo. And the fact is this: Federal bribery
law most definitely does require a quid pro quo, specifically in
the 11th Circuit (which includes Alabama).
- Fuller claims the jury was "sufficiently apprised" of the quid pro
quo requirement. But he does not tell us what his jury
instruction was. Hmmm, wonder why that is.
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Federal judge explains reasons for keeping
Siegelman in prison while awaiting appeal
by Kim Chandler of the Birmingham News
....Fuller's order puts Siegelman's legal quest for an appeal bond
back before the 11th Circuit Court of Appeals.
"We're optimistic about it," Siegelman defense lawyer Vince Kilborn
said.
Kilborn said he was frustrated about the amount of time it took to get
the order from Fuller. "We had to have this to go forward," Kilborn
said.
Lead prosecutor Louis Franklin said he was pleased by Fuller's
decision to deny an appeal bond.
<link to source>
Read the full 30 page order from Judge Fuller: Download file
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Sponsored by Friends of Don Siegelman 2007 <feedback> __________________________________________________________________________________________
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CONCLUSION
For the reasons set forth above, this Court ORDERED that Defendant/Appellant, Don Eugene Siegelman’s Motion for Release Pending Appeal (Doc # 657) be DENIED and this Order supplement this Court’s Memorandum Opinion and Order dated October 4, 2007. DONE this the 2nd day of January, 2008. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE
<link to "order" document>
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