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. (more…)
