MONTGOMERY, Ala.-
Jurors in the corruption case against former Gov. Don Siegelman and ex-HealthSouth CEO Richard Scrushy discussed the case in e-mails before convicting them, violating the judge’s instructions, defense attorneys said in a motion Monday seeking a new trial.
The motion cited a sworn statement from a juror, who was not identified, and copies of e-mails that attorneys said they were anonymously mailed. In those e-mails, jurors express confusion about evidence and indicate they discussed the case among themselves over the Internet, the motion says.
“We expect to get what every defendant is guaranteed by the Sixth Amendment and that is a fair trial,” said David McDonald, one of Siegelman’s attorneys.
Chief federal prosecutor Louis Franklin said he had not read the motion and had no immediate comment.
Siegelman and Scrushy were found guilty after a two-month trial on bribery and conspiracy charges. Prosecutors said Scrushy arranged $500,000 in contributions to Siegelman’s campaign for a statewide lottery in exchange for being appointed by Siegelman to a seat on an influential hospital regulatory board.
U.S. District Judge Mark Fuller warned jurors not to discuss the case among themselves, except during formal deliberations at the end of the trial, at the end of testimony every day during the trial and before jurors left the courtroom for lunch and other breaks. Jurors were also told repeatedly that during deliberations they should only discuss the case if all 12 jurors were present.
The motion for a new trial said two jurors wrote e-mails to one another on May 29, a month before the trial ended. The motion said the e-mails identified two other jurors as being “still off trac,” and that one says “some of the kounts r confusing 2 our friends.”
The motion cites another e-mail conversation between two jurors four days before jurors returned verdicts on June 29. One juror expresses concerns that the penalty would be too severe and that he or she is “still unclear on couple of counts against pastor & gov.” Scrushy has a religious-based cable television show.
The motion quotes the unnamed juror as saying in the sworn statement that at least one juror brought into deliberations confusing information that apparently came from the Internet.
“I thought that the governor had put money from HealthSouth in his personal account,” the unnamed juror is quoted as saying. Testimony during the trial was that Scrushy arranged campaign contributions, but no money went directly to Siegelman.
The motion also quotes statements made by jury foreman Sam Hendrix and juror Katie Langer in various news stories after the trial. The motion says in one story Hendrix says he looked up the duties of a jury foreman on the Internet and another in which Langer says she accidentally looked at one story about the trial on the Internet. The motion says both actions would have been in violation of the judge’s order.
“I don’t need to comment,” Hendrix, of Auburn, said Monday. “That’s something for those very fine attorneys and the judge to work out.”
The motion asks Fuller to give attorneys permission to subpoena the computers, e-mail records and cell phone records of any text messages sent by jurors. It also asks Fuller to hold a full hearing where attorneys could question all jurors.
Attorneys for Siegelman and Scrushy earlier had filed motions asking Fuller to throw out the convictions on several grounds, including that filing bribery charges more than five years after the crime allegedly occurred violated of the federal statute of limitations. Fuller has not ruled on those motions.
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