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2 days ago  » Siegelman's attorneys ask court to release him from prison «
Siegelman's attorneys ask court to release him from prison

MONTGOMERY, Ala. (Map, News) - Attorneys for former Alabama Gov. Don Siegelman are trying to get a federal court to release him from prison based on delays in the court hearing an appeal of his conviction.

Siegelman's attorneys filed the request Monday with the 11th U.S. Circuit Court of Appeals in Atlanta. They cited delays in preparing a transcript of his trial in U.S. District Court in Montgomery and in the trial judge providing reasons for denying Siegelman an appeal bond.

Siegelman's appeal of his 2006 conviction on bribery and obstruction of justice charges can't proceed without a transcript of the 10-week trial where he was convicted along with former HealthSouth CEO Richard Scrushy.

Siegelman's attorneys also cited a Nov. 4 ruling by the 11th Circuit that sought a more detailed explanation from the trial judge, U.S. District Judge Mark Fuller, on why he refused to let Siegelman remain free on bond while appealing his conviction. Fuller has not yet submitted a response to the appeals court.

"Gov. Siegelman's continued confinement, pending appeal, coupled with the trial court's continued refusal to provide any legal explanation for incarcerating Gov. Siegelman on appeal, has denied Gov. Siegelman's constitutional right to due process," his attorneys argued in court papers.

The federal prosecutor's office in Montgomery was closed for the New Year's holiday and officials could not be reached for comment.

Siegelman was sentenced in June to more than seven years in prison. He is confined at a federal prison in Louisiana. Scrushy, who is serving nearly seven years, asked the 11th Circuit to grant an appeal bond last month.

Preparation of the trial transcript was delayed by the death of court reporter Jimmy Dickens in August. Court reporter Risa Entrekin asked the 11th Circuit in November to extend the deadline for completion to March 31, citing her workload and the size of the transcript.

Fuller said last month he expects a completed transcript by Jan. 31.

Attorneys for Siegelman said Monday they understand the unusual circumstances but the delays do Siegelman no good.

"When you've got a client in prison, and it's been six months with no explanation for why he's sitting there - the way to eliminate that issue entirely is to let him out," attorney Vince Kilborn told the Mobile Press-Register.

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Information from: Press-Register, http://www.al.com/mobileregister

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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