84 online
Most Popular Choices
Share on Facebook 11 Printer Friendly Page More Sharing
General News    H3'ed 6/29/10

Siegelman Conviction Is Vacated--What Does It Mean?

By       (Page 1 of 2 pages)   3 comments
Message Roger Shuler
Cross Posted at Legal Schnauzer
The U.S. Supreme Court this morning vacated the convictions of former Alabama Governor Don Siegelman and codefendant Richard Scrushy, ordering the 11th Circuit Court of Appeals to review the case in light of last week's ruling on honest-services fraud.

What does it all mean? There is no simple answer to that question. But it probably means that Siegelman and Scrushy, the former CEO of HealthSouth, stand a heightened chance of having their convictions overturned. It should mean that Mississippi attorney Paul Minor, and codefendants Wes Teel and John Whitfield, stand a significantly heightened chance of having their convictions overturned. And it means Siegelman supporters probably will want to bone up on a case called Yates v. United States, 354 U.S. 298 (1957).

On the down side, today's Supreme Court finding is, in a sense, a smokescreen. It might lead to long-delayed justice for victims of political prosecutions. But it does not address the real problem--that corrupt federal prosecutors and judges caused this grave injustice to happen.

From a Siegelman standpoint, today's ruling is filled with irony. That's because the 11th Circuit already has overturned the honest-services fraud convictions against him--although those convictions stand against Scrushy.

The issues remaining against Siegelman involve bribery and obstruction of justice. So how could last week's Supreme-Court ruling on honest-services fraud--involving former Enron executive Jeffrey Skilling and former media magnate Conrad Black--help Siegelman?

Well, that's where the Yates case enters the picture. Justice Ruth Bader Ginsburg cited the case in her majority opinion last week. And here is the key general finding in Yates:

Constitutional error occurs when a jury is instructed on alternative theories of guilt and returns a general verdict that may rest on a legally invalid theory.

It's undisputed that the Siegelman jury was instructed on theories involving honest-services fraud. But the U.S. Supreme Court has found that theory now is legally invalid. Yates states that such an instruction, in essence, "muddies the water" of a case and raises issues of constitutional error.

Here is the reference to Yates in Ginsburg's opinion in the Conrad Black case, which is styled Black v. the United States:

On appeal, Defendants urged the invalidity of the jury instructions on honest-services fraud. Under the rule declared by this Court in Yates v. United States, 354 U. S. 298, 312 (1957), a general verdict may be set aside "where the verdict is supportable on one ground, but not on another, and it is impossible to tell which ground the jury selected." Relying on that rule, Defendants urged reversal of their mail-fraud convictions.

While this all sounds like good news for Siegelman and Scrushy, here is one major word of caution: Yates is subject to a "harmless error" analysis. In other words, on remand, the 11th Circuit could find that the invalid instruction on honest services did not have a major impact on the verdict. Given that the 11th Circuit already has proven unfriendly to the defendants in the case, that certainly could happen.

Today's finding definitely should be good news for the Minor defendants. That's because their bribery convictions were overturned by the U.S. Fifth Circuit Court of Appeals, and fraud is the central issue remaining. Based on the Supreme Court's new definition of honest-services fraud, the chances of those verdicts being overturned should be high.

On the down side, however, we do not even know if the Supreme Court will hear the Minor case, and Raw Story reports that a notice is not expected until October. Also, the Fifth Circuit, much like the 11th Circuit in the Siegelman case, already has proven unfriendly to the defendants.

That brings us back to the real issue in these cases: The district courts and circuit courts have acted in an abominably corrupt manner--and yet the Supreme Court keeps remanding issues back to courts that already have proven they can't rule lawfully in these cases.

Today's news is encouraging in the sense that the Siegelman and Minor defendants now stand a better chance of being freed. But they never should have been in prison in the first place. Ethical prosecutors, not under the influence of the corrupt Bush Justice Department, never would have brought these cases. Under the law, there was never any bribery or honest-services fraud from the outset. If prosecutors somehow did manage to bring the cases, ethical district judges would have kicked them out long before they ever reached a jury.

That's not just our opinion, by the way. We have written numerous posts that conclusively show that both the Siegelman and Minor cases were based on unlawful jury instructions and other wrongheaded rulings by the trial judges--Mark Fuller and Henry Wingate, respectively. Here are links to just a couple of many posts that show the convictions in both cases were unlawful:

How the 11th Circuit Cheated Don Siegelman: A Summary

The Paul Minor Ruling: More Evidence of Our Crumbling Justice System

Next Page  1  |  2

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Rate It | View Ratings

Roger Shuler Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

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...)
Go To Commenting
The views expressed herein 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
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
   (Opens new browser window)

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

To View Comments or Join the Conversation:

Tell A Friend