http://legalschnauzer.blogspot.com/2008/03/on-siegelman-exxon-religion-and-such.htmlWednesday, March 26, 2008
On Siegelman, Exxon, Religion, and Such
Tell us again: Why is Don Siegelman still in prison?We receive word today that the 11th Circuit Court of Appeals has issued deadlines for briefs in the appeal of former Alabama Governor Don Siegelman and former HealthSouth CEO Richard Scrushy.
The bottom line: Oral arguments are not likely to be heard until late 2008, at the earliest. And God only knows when a ruling might come.
Siegelman and Scrushy already have served nine months in federal prison, and it looks like they are facing a minimum of another 11 months. That's at least 20 months in prison for crimes that they almost certainly did not commit.
Heck of a justice system, isn't it?
Here's an even more galling point to ponder: The 11th Circuit required trial judge Mark Fuller to justify in writing his decision for denying Siegelman bond pending appeal. We showed here that Fuller did not even come close to meeting his burden under the law. The facts are simple: By the trial judge's own words, Don Siegelman must be freed pending appeal. But he is looking at probably another 11 months in prison while the 11th Circuit does nothing about Fuller's remarkably weak memorandum opinion.
Here's a question: Why did the 11th Circuit ask Fuller to write the opinion if they weren't going to act on it?
What message is the 11th Circuit sending? Better to wrongfully keep Siegelman in prison for at least 11 more months than to embarrass a federal judge.