Judge unseals part of Scrushy's motions

MONTGOMERY -- A federal judge Wednesday unsealed part of former HealthSouth Chairman Richard Scrushy's motions to throw out his bribery and conspiracy conviction based on a belief that Congress didn't give the judge authority over the case.

U.S. District Judge Mark Fuller unsealed three previously sealed documents in the Scrushy case but did not unseal apparent conflict of interest claims against Fuller and assistant U.S. Attorney Steve Feaga.

Scrushy's attorneys, in a motion last week, claimed Fuller lacked jurisdiction over Scrushy's criminal case because legislation intending to give federal judges certain authority was not properly passed by Congress.

Fuller gave federal prosecutors until May 3 to respond.

Still sealed is a lengthy motion and 28 exhibits thought to be Scrushy's motion seeking Fuller's recusal because of alleged-conflicts of interest.

The conflict allegedly involves Fuller's investment in Doss Aviation, a major defense contractor, and Feaga's service as an Air Force Reserve colonel, who is in the loop on military contracts to Fuller's company.

Prosecutors have denied a conflict exists. Feaga's boss, Louis Franklin, chief of the criminal division of the U.S. Attorney's office in Montgomery, said Feaga isn't in the loop and doesn't work on military contracts while on reserve duty.

Fuller is an investor in Doss Aviation. Florida records show he was removed as CEO of Doss in 2002.

Scrushy attorney James W. Parkman III previously asked Fuller to unseal documents because prosecutors already had commented on them.

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.

Fuller also granted a request by former Scrushy attorney Terry Butts to withdraw from the case. On the day Scrushy's attorney sought to unseal the recusal motion, Butts notified Fuller he is withdrawing as one of Scrushy's attorneys.

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