Scheduling conflicts have Siegelman's trial date up in air

MONTGOMERY -- A federal judge in the racketeering conspiracy case against former Gov. Don Siegelman may set a trial date soon.

And if Siegelman has his way, that trial will be held sooner rather than later.

Attorneys for Siegelman, former Siegelman Chief of Staff Paul Hamrick and former HealthSouth CEO Richard Scrushy recently filed notices of their court conflicts through May. The notices were filed with U.S. District Judge Mark Fuller, who will preside over the trials in Montgomery.

Siegelman's attorneys, Doug Jones and Jack Drake, said they have conflicts in March, April and May. Jones said he has a personal event in March and a federal criminal case beginning April 3 that involves former Jefferson County Commissioner Chris McNair, a trial that could last four to six weeks. Drake said he has a case out of state beginning May 15.

Siegelman, governor from 1999-2003, said he wants a trial before the June 6 Democratic gubernatorial primary. He still maintains that charges against him are political and retaliatory.

The federal indictment charges Siegelman and Hamrick with racketeering, mail and wire fraud. Siegelman also was charged with obstruction of justice, bribery and extortion.

"My involvement in this is very

much tied to the general election in November that is less than a year from now and the primary before that,'' Siegelman said.

"In sorting those priorities, I would hope and believe the judge would conclude that this case should have priority.''

Neither Siegelman nor lawyers said they could predict when trials might start, but they previously said a combined trial could last four to six weeks.

"The judge is conscientiously looking for an opening he can set this trial and begin to move things forward, and I'm looking forward to it,'' Siegelman said.

Federal prosecutors say the Oct. 26 indictment of Siegelman, Scrushy, Hamrick and former Siegelman transportation Director Mack Roberts is not political or in retaliation for a federal judge ruling in Siegelman's favor in a Medicaid fraud case. The ruling resulted in prosecutors dropping charges.

Scrushy attorneys Lewis Gillis and Christopher Whitehead said they have a federal trial beginning Jan. 9 and expect another trial in March. Hamrick attorney Ron Wise said he has court conflicts virtually all of March.

Roberts has filed a motion waiving a right to a speedy trial. Scrushy wants a separate trial, but no cases have been separated.

Jones said attorneys filed schedules to help Fuller set a trial date.

"Conflicts have a way of working themselves out, and it is way too early to predict how any of this ... (possibly influences) severances,'' Jones said in an e-mail.

Lawyers also have yet to get anything from prosecutors, but that information is supposed to be turned over next week.

"When we get to the basis of these so-called charges, we should be able to get the judge to reach out to lawyers ... and we ought to be getting a trial date fairly soon,'' Siegelman said.

The four defendants pleaded innocent.

Roberts was charged with honest services mail and wire fraud.

Scrushy was charged with bribery and mail fraud, accused of disguising $500,000 to Siegelman in exchange for an appointment to the Certificate of Need Review board that approves medical projects.

Dana Beyerle can be reached at (334) 264-6605 or dtb12345@aol.com.