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U.S. District Judge Mark Everett Fuller
Chief Judge Mark E. Fuller,
U.S. District Court for the Middle District of Alabama
and stakeholder & former President of Doss Aviation
Mark Fuller presided over the Siegelman trial and refused to
recuse himself as judge in spite of a serious conflict of interest
as president of Doss Aviation (and others like Aureus
International) that has major contracts with the US Government
and the Department of Justice. The DOJ is the party bringing the
case against Siegelman. Judge Fuller not only ignored the
number of serious conflicts of interest in this case, he also
diminished and defended serious jury mis-conduct. Fuller was
appointed by President Bush and is a former member of the
Executive Committee of the Alabama Republican Party.
According to some sources, Mark Fuller was the judge to whom
the case was "shopped" when Judge Clemons of the Northern
District Birmingham dismissed it with prejudice. In fact, moving
the case out of the district in which it was initiated so as to evade
the control of the federal judge to whom it was assigned was the
first clear-cut sign of prosecutorial misconduct in the history of
the Siegelman prosecution.
Federal Judge Mark Fuller supported jury misconduct when he
denied motions for a new trial that were based on claims by
Siegelman and Scrushy that jurors discussed the case through
e-mails during 2006 two-month trial. In December 2006 Fuller
ruled that juror actions on the Internet did not warrant throwing
out the bribery convictions. [See content of one of the e-mails in
the left bar.]
After harsh sentencing of Don Siegelman, Fuller explained that
“I am convinced the conduct Gov. Siegelman engaged in
damaged the public’s confidence in the government of this
state,” Fuller said.
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- Conflicts of Interest
On October 4, 2007 Federal Judge Mark Fuller issued an
order defying the 11th Circuit Court order that he show cause
for denial of Siegelman’s Appeal Bond. On the same day,
October 4, 2007, (according to AFX News) The U.S. Air Force
awarded a $18.1 million contract to Doss Aviation Inc. in
Colorado Springs, Colo., for flight screening for USAF pilot
candidates. Furthermore, AFX News reports that Federal Judge
Fuller is a former president of and a key investor in Doss
Aviation Inc., a private company that receives major contracts
from the Air Force and other branches of the military. The
company manages and supplies fuel and airport services as well
as uniforms and equipment for military use through Aureus
International, which shares an address with Doss Aviation.
The judge is a substantial stockholder (40%) in Doss Aviation
Company which was notified of a possible contract award from
the United States Government in February, 2006 after Judge
Fuller took this case and in May, 2006 during jury
deliberations Doss Aviation was awarded a $178 Million Dollar
contact renewable annually by the United States. The Judge is
listed as the registered agent and the Federal Court House
address is used as the address of the Registered Agent for
Doss Aviation.
<link to 'compromised judge' on Simpson page>
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Jury Misconduct in his courtroom
And how does one reconcile jurors e-mailing other jurors during
the trial, contrary to the trial judge's express instructions? That
alone should entitle Scrushy and Siegelman to a new trial.
Surely the 11th Circuit Court of Appeals in Atlanta cannot allow
such a gross abuse of the jury system to remain as a precedent.
- This was not mere harmless error. One e-mail dated June 25,
2006, at 10:41 p.m. stated "Gov and pastor (Scrushy's
nickname) up s--t creek, all public officials are scum; especially
this one; pastor is really a piece of work...they missed before,
but we won't...also keep working on (another juror)."
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Stonewalling
As of January 1, 2008 Judge Fuller has defied the orders of the
11th Circuit Court of Appeals and his duty as a judge to produce
a timely transcript.
On September 27th, the 11th Circuit Court of Appeals ordered
District Judge Mark Fuller to show cause for denying Don
Siegelman an appeal bond and ordering Siegelman’s immediate
incarceration.
- On October 4th, Fuller refused the appeal court’s order saying,
“ [This Court] will not issue a lengthy written opinion on this
matter.”
On October 7th the 11th Circuit again ordered Judge Fuller – for
a second time – to show cause for denying Siegelman’s appeal
bond and ordering Siegelman’s immediate incarceration.
As of January 1, 2008, Don Siegelman had been imprisoned for
over six months with no explanation as to why he was denied an
appeal bond. It has been over a year and a half since
Siegelman’s trial ended and no trial transcript has been
produced by Fuller's court.
On January 2, 2008, over three months after the first request for
an explanation of his ruling, and two months after the second
request Judge Fuller issued a 30 page order that said he
refused to allow former Gov. Don Siegelman out on bond while
his case is on appeal because he did not believe Siegelman had
raised a legal issue that was likely to get his case overturned.
However, Siegelman can not appeal his conviction without an
official trial transcript, which is still pending.
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More about Judge Mark Fuller
<link to 14 blogs on Fuller at Harper's>
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| __________________________________________________________________________________________ Sponsored by Friends of Don Siegelman 2007 <feedback> __________________________________________________________________________________________ |
JUDGES
MARK FULLER
MARK FULLER
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| Mark Fuller |
| Chief Judge Mark E. Fuller, U.S. District Court for the Middle District of Alabama and stakeholder and former President of Doss Avaitaion |
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| photo from alabar.com |
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| Conflict of Interest ........................... In the first chapter of the Code of Conduct for United States Judges, it says, in part: "...a judge ... should not serve as an officer, director, active partner, manager, advisor, or employee of any business other than a business closely held and controlled by members of the judge's family.", <link to the whole code> |
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| Emails between jurors in the Siegelman Trial The first of the e-mails, copies of which were received in late December 2006, dated June 25, 2006; It was attached as EXHIBIT 23 to the Renewed Motion for a New Trial. EXHIBIT 23 appears to be a copy of an e-mail sent on the Gmail account of Juror B to the e-mail account of Juror C at 10:09 p.m. Sunday night, June 25, 2006. This e-mail states in its entirety." "....judge really helping w/jurors... still having difficulties with #30 ...any ideas??? keep pushing on ur side did not understand ur thoughts on statute but received links. [first name of Juror B] EXHIBIT 23 |
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