Former Gov. Don Siegelman Petitions For New Trial

I have written about Don Siegelman and his plight on several occasions – here and here. It may be the worst miscarriage of justice that I’ve seen of a prominent official — ever. This update comes from the Daily Kos:

Former governor of Alabama and political prisoner Don Siegelman has filed a motion (PDF) for a new trial based on newly discovered evidence.

Here are the highlights:

ISSUE I. THE GOVERNMENT’S FAILURE TO PRODUCE EXCULPATORY AND IMPEACHING INFORMATION IN ITS POSSESSION AS TO KEY WITNESSES AND CORRECT FALSE OR MISLEADING TESTIMONY DURING TRIAL VIOLATED SIEGELMAN’S RIGHTS UNDER THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT AND THE GOVERNMENT FAILED  TO COMPLY WITH ITS OBLIGATIONS UNDER THE JENCKS ACT.

The detailed allegations here are worse than the heading sounds.  Siegelman accuses the government of shaping the testimony of a key witness.

Issue II:  BECAUSE OF PROSECUTORIAL MISCONDUCT IN THIS CASE, INCLUDING IMPROPER CONTACTS WITH JURORS, IMPROPER EX PARTE COMMUNICATION WITH THE COURT, AND IMPROPER CONDUCT IN PREPARING GOVERNMENT WITNESSES TO TESTIFY AT TRIAL AND FAILURE TO PROVIDE BRADY MATERIAL, SIEGELMAN WAS DEPRIVED OF HIS FIFTH AMENDMENT RIGHT TO A FAIR TRIAL AND HIS SIXTH AMENDMENT RIGHT TO AN IMPARTIAL JURY.

Jury tampering as well as witness tampering.  The House Judiciary Committee and a group of 75 former state attorneys general have both already complained about this to the U.S. Justice Department.

Issue III. FAILURE TO DISCLOSE EX PARTE COMMUNICATIONS AND THE EXISTENCE OF A SECRET INVESTIGATIVE REPORT ON THE AUTHENTICITY OF JUROR EMAILS, A CRITICAL MATERIAL FACT IN A MOTION THEN PENDING BEFORE THE COURT, VIOLATED SIEGELMAN’S SIXTH AMENDMENT RIGHT TO COUNSEL AND HIS FIFTH AMENDMENT RIGHT TO DUE PROCESS.

And what was still missing?  … Judge tampering, of course!  This is like a Karl Rove election theft: it’s attacked from every angle at once.

ISSUE IV: THE FAILURE OF U. S. ATTORNEY LEURA CANARY TO ABIDE BY HER ANNOUNCED RECUSAL DEPRIVED SIEGELMAN OF HIS ENTITLEMENT TO A DISINTERESTED PROSECUTOR

Her husband was a paid consultant to the political campaigns of Republican opponents of Governor Siegelman, as well as the campaign of then-Alabama Attorney General Bill Pryor, who at that time was involved in the ongoing investigation of Siegelman.

ISSUE V: SIEGELMAN WAS SELECTIVELY PROSECUTED FOR POLITICAL PURPOSES IN VIOLATION OF HIS FIFTH AMENDMENT RIGHT TO EQUAL PROTECTION OF THE LAWS AND HIS FIRST AMENDMENT RIGHT TO RECEIVE A CONTRIBUTION TO AN EDUCATION LOTTERY FOUNDATION HE SUPPORTED.

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ABOUT AUTHOR
Errington C. Thompson, MD

Dr. Thompson is a surgeon, scholar, full-time sports fan and part-time political activist. He is active in a number of community projects and initiatives. Through medicine, he strives to improve the physical health of all he treats.

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The Thirteeneth Juror

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