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Siegelman could be at the end

Former governor may sue over prosecution

Published: Saturday, June 10, 2006 at 3:30 a.m.
Last Modified: Friday, June 9, 2006 at 11:00 p.m.

MONTGOMERY -- Former Gov. Don Siegelman's political future is in doubt even if he's acquitted in his trial on federal criminal charges.

Siegelman, who says he is innocent and believes he'll be acquitted, said Friday he plans to work as a lawyer and may even sue the federal government over what he calls false prosecution.

"I'll be spending time with my family and practicing law,'' Siegelman said Friday, three days after losing Tuesday's Democratic gubernatorial primary.

Since 1978, Siegelman has held public office all but eight years. He was elected secretary of state twice, attorney general, lieutenant governor and was governor in 1998.

He has now lost three governor's races -- the 1990 Democratic primary to Paul Hubbert, the 2002 general election to Republican Bob Riley and Tuesday's primary to Lt. Gov. Lucy Baxley. Baxley beat Siegelman and his under-funded campaign by a 60-36 percentage margin.

"Lucy says I've been around too long, maybe she's right,'' the 60-year-old Siegelman quipped in his typical, self-deprecating style.

Siegelman blamed Tuesday's primary loss on federal prosecutors who he said wanted to ruin him politically to benefit Riley's re-election chances. "I would have won the primary,'' Siegelman said. Assistant U.S. Attorney Louis Franklin calls that claim absurd. He said Siegelman reportedly sold his office for personal gain while governor from 1999-2003. Siegelman's trial ended its sixth week Friday with he and three other defendants starting their defense. Neither Siegelman nor one of his attorneys, Vince Kilborn, would say whether Siegelman would take the stand.

Kilborn said Siegelman is a fighter.

"Never in the history of the country has someone indicted in a criminal trial run for high-elected office (at the same time),'' he said.

Siegelman didn't say whether he'd seek public office again. "That's up to people,'' he said.

If convicted, he couldn't serve in public office unless a conviction is overturned or he is granted a pardon.

Auburn University in Montgomery political science professor Carl Grafton said Siegelman's political run may have ended. "I just have to think it's over,'' Grafton said.

D'Linell Finley, a political science professor also at Auburn-Montgomery, had a different opinion.

"It's too early to tell because you need to see the perception of voters,'' Finley said. "There's a difference between being exonerated and found not guilty.''

Finley said Siegelman is still relatively young and at 64 could make a comeback in 2010 when there's no incumbent in the governor's race.

Finley said the 2006 governor's race is Riley's to lose. If re-elected, Riley couldn't seek a third term.

"If they convict him it would be all over for him even if it's overturned on appeal,'' Finley said. "If he's exonerated, it's a wide open race in 2010, and quite frankly, he would be one of the favorites.''

Siegelman said two prosecutions have cost him dearly financially. He said he spent about $940,000 to defend himself against Medicaid fraud charges in Tuscaloosa, a case that was ended by a judge who said prosecutors had not proved their case.

"I borrowed another $1 million for this one,'' Siegelman said.

He said he might sue the federal government for prosecuting him. "I haven't made the choice,'' he said.

In his post-primary speech, Siegelman waxed philosophically.

"God has put us through this, made us stronger and stronger as a family, and I'm even more determined to continue fighting to make sure Alabama has a better dream,'' he said, "a dream unrealized, a job unfinished.''

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


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