Share on Google Plus Share on Twitter Share on Facebook Share on LinkedIn Share on PInterest Share on Fark! Share on Reddit Share on StumbleUpon Tell A Friend 1 (1 Shares)  
Printer Friendly Page Save As Favorite View Favorites (# of views)   2 comments

General News

Why Is There a New Judge in Pennsylvania Case, But Not For Don Siegelman?

By       Message Roger Shuler     Permalink
      (Page 1 of 1 pages)
Related Topic(s): ; ; ; ; ; ; ; ; , Add Tags Add to My Group(s)

Must Read 1   Supported 1   Valuable 1  
View Ratings | Rate It

opednews.com Headlined to None 5/19/09

- Advertisement -
Why Is There a New Judge in Pennsylvania Case, But Not for Don Siegelman?
Cross Posted at Legal Schnauzer
We learned in recent days that the Cyril Wecht prosecution in Pennsylvania is falling apart. Why? Because a biased trial-court judge was forced off the case.

You heard that right. A three-judge panel of the U.S. 3rd Circuit Court of Appeals ruled last September that District Judge Arthur J. Schwab must step down and be replaced by a judge who could be impartial in the case.

If you have been following the Don Siegelman case, this news might cause you to have (borrowing a phrase from Keith Olbermann) a "WTF Moment."
Just yesterday, we wrote in detail about Alabama U.S. Judge Mark Fuller and the myriad grounds that he has shown bias in handling the Siegelman case. Our report even raised allegations that Fuller had committed fraud on the court in the Siegelman matter.

Yet Fuller remains on the Siegelman case while Schwab, also a George W. Bush appointee to the federal bench, gets the boot in Pennsylvania.

The issue of recusal has been raised in the Siegelman case, but Fuller has refused to step down, and the U.S. 11th Circuit Court of Appeals has done nothing to force him.
- Advertisement -


Did a new judge make a difference in the Wecht case? Oh, just a little. The new judge, Sean J. McLaughlin, threw out key evidence, crippling the government's chances of retrying Wecht, who is a renowed forensic pathologist.

And get this. The new judge actually wanted to force the government to prove its case within the framework of this document we call the U.S. Constitution. Reports the Pittsburgh Tribune-Review:

McLaughlin said his ruling should not be viewed as a "legal technicality."

"These rulings are grounded in well-established Fourth Amendment principles which serve as a bulwark against unwarranted governmental intrusion into the private affairs of every citizen, not just this defendant," McLaughlin wrote. "The importance of these principles transcends this particular case."

I'll be damned. A judge who thinks a defendant's right to a fair trial is a serious matter. Who could have guessed that such a judge existed?

No such judges apparently sit on the U.S. 11th Circuit Court of Appeals in Atlanta, the one that recently upheld most of the convictions against Siegelman and codefendant Richard Scrushy.
- Advertisement -


Which raises these troubling questions? Does justice in America depend largely on where you live? Is it a matter of residing in the right judicial circuit? And is the 11th Circuit, which oversees Florida, Georgia, and Alabama, controlled by serious jurists or political hacks?

We will be taking a serious look at these question in the next few days.

 

- Advertisement -

Must Read 1   Supported 1   Valuable 1  
View Ratings | Rate It

I live in Birmingham, Alabama, and work in higher education. I became interested in justice-related issues after experiencing gross judicial corruption in Alabama state courts. This corruption has a strong political component. The corrupt judges are (more...)
 

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon


Go To Commenting

The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
- Advertisement -

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Boy Scouts and the Horrors of Their "Perversion Files"

Bush vs. Obama on Spending: It's No Contest

Why Is Karl Rove Planning to Visit the Backwoods of Alabama?

What's the Real Story Behind Karl Rove's Divorce?

Is "Morning Joe" Scarborough a Murderer?

Rove Might Be Trying To "Pull A Siegelman" With Julian Assange