Judge unseals Scrushy documents

MONTGOMERY -- A federal judge has unsealed former HealthSouth CEO Richard Scrushy's attempt to get the judge kicked off his case based on what he considered a financial conflict of interest between the judge and a-prosecutor.

U.S. District Judge Mark Fuller, the presiding judge in the 2006 criminal trial of Scrushy and former Gov. Don Siegelman, also unsealed redacted documents filed in support of Scrushy's motion seeking a new trial.

The unsealed motion and documents said Fuller is listed on various state records as an officer in Doss Aviation Inc., a defense-contractor.

Scrushy's motion said the federal prosecutor who tried the case, Steve Feaga, is an Air Force Reserve officer and staff judge advocate.

The motion claims Feaga was theoretically in a position to influence Air Force contracts to Fuller's company.

"Upon information and belief, one of the many duties of the staff judge advocate office at Langley Air Force base is to review military contracts such as those granted to Doss Aviation Inc.,'' the unsealed motion said.

Documents filed by Doss Aviation's president in Florida showed Fuller, in 2002 and 2003, was no longer an officer in Doss Aviation.

Doss President Frank Hunter said Fuller ceased running Doss Aviation when he became a federal judge in late 2002. Fuller said in an interview he is an investor.

The U.S. Attorney's office rejected Scrushy's allegations and Fuller previously denied Scrushy's motion to recuse himself and order a new trial.

Scrushy and Siegelman are scheduled to be sentenced June 26 on federal bribery and conspiracy related charges.

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