Prosecutors: Scrushy's attempt to remove judge is 'without merit'

MONTGOMERY -- Federal prosecutors in the Richard Scrushy criminal bribery and conspiracy case said Scrushy's attempt to remove the judge in his case is without merit and should be denied.

Acting U.S. Attorney Louis Franklin and William Welch II, chief of the public integrity section of the U.S. Justice Department's criminal division, said Scrushy's motion of last week to remove U.S. District Judge Mark Fuller is tantamount to judge shopping.

Scrushy's attorney, James Parkman III, in a sealed motion, asked Fuller to recuse himself. The motion alleged that Fuller and assistant attorney Steve Feaga had a conflict of interest because of Fuller's investment in a defense contractor company and Feaga's service as an Air Force Reserve officer.

Feaga said the allegation is frivolous, and Franklin said Feaga has nothing to do with Air Force contracts.

"It strains credulity to even imagine how the company or the trial judge's interest in the company could even be remotely affected by … Feaga's involvement with the present litigation," Franklin said.

Parkman's Tuesday motion asks Fuller to unseal his motion because prosecutors had commented to a reporter about the issue.

Scrushy on Tuesday questioned how Franklin, chief of the criminal division of the U.S. Attorney's Office in Montgomery, could comment on a sealed motion.

Scrushy and former Gov. Don Siegelman were convicted in 2006 of bribery and conspiracy charges. They haven't been sentenced and remain free on bond.

Franklin also said the motion to recuse wasn't timely filed because the information about Fuller and Feaga has been available for years before the trial.

On Wednesday, the day Scrushy's attorney sought to unseal his recusal motion, attorney Terry Butts notified the federal court that he has withdrawn as one of Scrushy's attorneys.

Scrushy said he's economizing and doesn't need as many attorneys.

"We've got to narrow it down," he said. "I've got six attorneys on the payroll. Someone has to come off."

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