The sentencing hearing for Don Siegelman and Richard Scrushy entered its second day Wednesday as defense attorneys lodged objections to the probation office’s presentencing report. This portion of the proceeding involves the complicated and esoteric formulas used by the court to calculate an appropriate sentence for the crimes. The federal sentencing guidelines are only advisory and the judge may depart either upward or downward from the suggested sentence.
Beginning Wednesday morning, Scrushy’s sentencing attorney, Carmen Hernandez, argued that Scrushy poses no further threat as a public figure in political life, as he will not likely serve as an officer of a publicly traded company ever again.
“I seriously doubt, considering what has transpired over the last several years, that Mr. Scrushy will ever give any political contribution with any reach ever again,” she said. (Updates and more after the jump.) In their rebuttal of Scrushy’s claims, the prosecution introduced into evidence Grand Jury testimony from former Jefferson County Commissioner Gary White. According to the testimony, White accompanied Scrushy on a visit with Gov. Siegelman, when Scrushy asked Siegelman to leave the room and let them speak in private. Prior to today, the testimony had been under seal.
U.S. District Judge Mark Fuller has told the attorneys that he does not intend to retry the case during the sentencing hearing, but that has not stopped both sides from veering onto tangents and trying the judge’s patience. In a moment uncharacterist of his style on the bench, Fuller today raised his voice with the attorneys, admonishing them for revisiting trial issues make no difference on the sentences.
“We are arguing about things that I’m not even going to consider,” Fuller shouted. “Let’s move on in this sentencing.”
UPDATE 1: While arguing where Scrushy should fall on the sentencing guidelines, prosecutors played clips from a documentary Scrushy paid for and produced which proclaims the defendants’ innocence. The clips show Siegelman and Scrushy both in studio interviews and on the courthouse steps refuting prosecutors and blasting the government’s case.
“When you get into public office, you expect to be shot at, you don’t expect to get indicted,” Siegelman says in the video. “And you especially don’t expect to be convicted of something you didn’t do.”
Judge Fuller said he would take the statements as evidence of remorse and responsibility, or lack of it, when determining the sentence.
You can watch Scrushy’s film, Wrath of Injustice, here on YouTube.
The court has taken a break for lunch and will continue this afternoon.
Check back later for updates.
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June 27th, 2007 at 10:50 am
Scrushy needs to be punished. Enough is enough. He has hurt a lot of people — and when it is adventageous to him, he turns to God. Amazing — he should burn in hell.
June 27th, 2007 at 11:40 am
Schrushy and Siegelman’s future as politicians or leaders of publicly traded companies don’t concern me. If their future in that respect is tainted, that is merely a side effect of getting caught in their own illicit activities.
Their tarnished reputation is not a judicial punishment.
For justice to truly be served they must pay pennance to the people and entities they bilked. That means time in jail.
Even Paris Hilton went to jail.
These guys should go too.