Tuesday, June 9, 2009
Memo to Holder: Siegelman Prosecution Was Riddled With Misconduct
Attorney General Eric Holder is taking firm steps to deal with prosecutorial misconduct during the George W. Bush era. And that's a good thing.
But the beneficiaries of Holder's reviews, so far, have all been Republicans. And that is not a good thing--especially when you consider that perhaps the most egregious example of prosecutorial misconduct in the Bush years came in the case against Don Siegelman, the former Democratic governor of Alabama.
How corrupt were the actions of prosecutors in the Siegelman case? We can point Mr. Holder and his staff in several directions:
* The Paul Weeks affidavit--Holder's reviews have focused largely on Alaska corruption cases involving former U.S. Senator Ted Stevens and state legislators Victor Kohring and Peter Kott. In each case, federal prosecutors failed to disclose evidence to the defense. And William M. Welch, chief of the U.S. Public Integrity Section, was involved in each case.
Alabama attorney and GOP whistleblower Jill Simpson says Welch also was involved in the Siegelman case. And as happened in Alaska, Welch apparently withheld key information from the defense. Simpson says Welch came to Alabama when defense attorneys in the Siegelman case moved for the recusal of U.S. District Judge Mark Fuller. Welch's role, Simpson says, was to defend Fuller--and he succeeded in keeping the judge on the case.
.............
As we reported here at Legal Schnauzer:
Grimes also provided e-mails that show previously undisclosed contacts between prosecutors and the Siegelman jury.
A key prosecution e-mail describes how jurors repeatedly contacted the government's legal team during the trial to express, among other things, one juror's romantic interest in a member of the prosecution team. "The jurors kept sending out messages" via U.S. marshals, the e-mail says, identifying a particular juror as "very interested" in a person who had sat at the prosecution table in court. The same juror was later described reaching out to members of the prosecution team for personal advice about her career and educational plans.
And that was not the only hanky panky between jurors and the prosecution:
Further undisclosed evidence of prosecution team members speaking with jurors following the verdict emerges in Grimes' written statement to the DoJ. In it, she says a member of the team prosecuting Siegelman had spoken with a juror suspected of improper conduct — apparently at the time the judge was due to question the juror about that conduct. Grimes quotes the lead prosecutor in the case as saying someone had "talked to her. She is just scared and afraid she is going to get in trouble."
more:
http://legalschnauzer.blogspot.com/2009/06/memo-to-holder-siegelman-prosecution.html