By Associated Press
Montgomery, AL – Three judges with experience handling politically charged cases have been named to hear the appeals of former Gov. Don Siegelman and HealthSouth founder Richard Scrushy.
Eleventh Circuit Court of Appeals Chief Judge J.L. Edmondson, Judge Gerald Bard Tjoflat and Senior Judge James C. Hill will hear oral arguments Dec. 9 in Atlanta.
A federal jury convicted Scrushy and Siegelman on charges of bribery, conspiracy and mail fraud in 2006.
Prosecutors said Scrushy bribed Siegelman for a seat on the state Certificate of Need Review Board with $500,000 in donations to Siegelman's 1999 lottery campaign. Siegelman, a Democrat, also was convicted on a separate obstruction of justice charge.
Siegelman lawyer Vince Kilborn said he had no concerns about the panel, the three of which were appointed by Republican presidents. Siegelman has argued the case against him was politically motivated.
"They all have a solid background in criminal law. I am sure they will carefully consider the arguments and make the right decision," Kilborn told The Birmingham News in a Thursday story.
Tjoflat was one of two judges that earlier this year denied Scrushy's request for an appeal bond, upholding the finding of a trial judge that Scrushy had not proved "by clear and convincing evidence that he is unlikely to flee" if released from prison.
In one of the premier politically charged cases from Alabama to ever reach the 11th Circuit, Tjoflat was part of a three-judge panel that weighed in on the election contest for Alabama Supreme Court chief justice between Republican Perry Hooper Sr. and Democrat Sonny Hornsby.
The panel ruled unanimously that a lower court correctly threw out 1,700 unwitnessed absentee ballots from the 1994 election, making Hooper the winner.
Hill in 2000 was part of an 11th Circuit panel that allowed student-led prayer at Alabama's public schools, saying efforts to censor religious speech would violate the U.S. Constitution.