Siegelman: 'I don't think I'd survive 20 years'

MONTGOMERY -- Former Gov. Don Siegelman and co-defendant Richard Scrushy each could get 20 years in prison when they're sentenced June 26, a term Siegelman said would be a life sentence for him.

"I won't live that long, that's right,'' the 62-year-old Siegelman said Thursday. "I don't think I'd survive 20 years.''

U.S. District Judge Mark Fuller denied a last-minute motion by Scrushy to remove himself from the case or order a new trial based on "newly discovered evidence.''

Acting U.S. Attorney Louis Franklin said the pair could get from five to 20 years each and be fined $250,000 or more.

"I guess $500,000 was the bribe so the fine could be for as much as a million,'' Franklin said.

Scrushy and Siegelman were convicted in federal court about a year ago of bribery and conspiracy-related charges stemming from Siegelman's 1999 lottery program that would have produced college scholarships.

"It's asking for a life sentence for me for raising money so children can go to college for free,'' said Siegelman, a lawyer and one of Alabama's most elected public officials. He has been elected governor, lieutenant governor, attorney general and secretary of state.

Siegelman said when he's sentenced, the case moves into the appellate phase at the 11th U.S. Circuit Court of Appeals where he believes he'll be exonerated.

"We've got to win the legal battle, the political battle,'' he said. "Now we got to win arguments before the 11th Circuit and there are three good arguments.

"The statute ran out on the bribery charge in 2004,'' he said, "even though I wasn't guilty of bribery. I never got a dime. I never took a dime.''

The government contended that money Scrushy gave Siegelman's lottery campaign was a bribe in return for Siegelman appointing Scrushy to the Certificate of Need Review Board. The CON board can approve or block medical technology and construction plans. Scrushy's company is in a medical-related field.

Scrushy said he shouldn't have been convicted.

"We filed a lot of motions, many have been denied, and it showed jury misconduct,'' Scrushy said. "There's no doubt I was wrongly convicted and it will come out.''

Franklin lauded Fuller's order denying Scrushy's latest motion, setting the stage for sentencing.

Scrushy contended that Fuller and lead prosecutor Steve Feaga created a conflict of interest for Fuller who is an investor in a major defense contractor. Feaga is a reserve Air Force officer who theoretically could advise on contracts to Fuller's investment.

Feaga's boss, Louis Franklin, chief of the criminal division of the U.S. attorney's office in Montgomery, contends however, that Feaga isn't in the loop and doesn't work on military contracts while on reserve duty.

"It's a frivolous motion,'' Franklin said. "We're excited about the sentencing and we think we're getting closure on the matter.''

Fuller's ruling Thursday rejected Scrushy's allegations of a conflict of interest that is contained in a still-sealed motion. Fuller kept it sealed because some of the exhibits contain private information such as Social Security numbers and addresses.

"The court does not find that the legal precedents Scrushy cites compel the results Scrushy demands,'' Fuller wrote.

Fuller said just because he's an investor in a private company that receives military contracts should not disqualify him from presiding over criminal prosecutions brought by the federal-government.

There are remaining motions for Fuller to rule on, one alleging misconduct by jurors and the other over the way grand juries are selected in the court-district.

There's also a motion claiming that Fuller doesn't have jurisdiction over his case because of an improperly passed a law during the 1947-48 term of Congress. "Though defendant Scrushy's motion makes no reference to their decisions, numerous courts have already considered and flatly rejected this very argument,'' Franklin wrote.

Fuller ruled as moot an affidavit filed by Scrushy attorney James Parkman III that the alleged conflict of interest between Fuller and Feaga was presented late in the case because it was only recently discovered.

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