Mr. Leach is ready to go
Leach, "I would like to have Mr. Scrushy come to the microphone." Scrushy is going to introduce his family. Mr. Scrushy is introducing his family, I can't hear him so we'll just wait this out.
Fuller - You have a beautiful family Mr. Scrushy.
The next witness for Mr. Scrushy is Jimmy Mitchell.
He lives in Benson, Alabama outside Pell City... "I've known Richard Scrushy all of my life...The earliest memories I have outside my family are Richard Scrushy and his family...His family and my family lived next door to each other...All the way through high school..."
Did you ride buses to school? I started off as a toddler with Richard Scrushy....As a toddler Richard Scrushy and I spent numerous hours today and outside he was the same type of child...He played with energy and enthusiasm...He and I began in first grade riding the buses...as all of us do...Somehow I want to cut through the fog...and let Judge Fuller know what I know of Richard Scrushy...Richard Scrushy never harmed anyone....Never got in a fight...I can't remember him even being disrespectful to anyone...He didn't fight....He didn't steal....They were devout Christian people....They raised their children like children ought to be raised....We both attended church...As children we're not theologians...But he was the type of person that believed in God as a child just as he does today..."
Did you stay in touch with Richard Scrushy? ..."We were all closely entwined...He developed a tremendous love of music...He loved music greatly and that was his thrust as an early adolescent...I moved to Dothan...attended high school and started a family...He moved to Dothan and started a respitory therapy program at Wallace Community College...Never ever did I ever see Richard Scrushy harm anyone...He may have gotten mad from time to time...I never saw him be disrespectful to anyone...."
We lived next to each other in Dothan for three years...He's a tenacious type of person...He has always had that type of drive...That type of zeal...Richard started a new busisness in Birmingham...HealthSouth...He developed a real enthusiasm for Vince Lombardi...His drive is what build that company..."
Had to take care of some technical issues.
Witness - "After selling my business, selling all of my assets...I today have started fresh...I look at that as injury $800,000 in medical bills and Mr. Foran got 1.5 years in the penitentiary...I've never worked for Richard Scrushy...He's never given me a pay check...Let Judge Fuller see the past I know is indicative of the future of Richard Scrushy....
Leach - I want to say I have tendered to the court two psychological reports I just want the court to keep them in the confidential portion of the record.
Fuller - I have the report from Wellsspring Christian Clinic, and Richard Ence...that will be placed under seal.
The next witness is Leigh Laatsch.
Leach - I referred to you as a pastor...Are you in fact an ordained pastor?
Witness - I am...The first time I met Richard and Leslie Scrushy they were surrounded by children....and covered in sprinkles....That was about seven years ago...The first thing he ever said to me was let me tell you about God and what he's done in my life...My husband and I are co-pastors of Grace and Purpose Church...It's something we all share a common bond in, such as reaching people for Christ...Grace and Purpose is a church that falls in line with Kingdom Builders...orphans...finding people that are in need....whether that be emotional..Our heart in Grace and Purpose Church is to reach those through TV who can't go to church...We have calls all week...
Witness - I've seen how he is with his family...He's very involved...Loves every single one of his children there's absolutely no way.
Mr. Feaga - You indicated that Grace and Purpose Church was founded 1.5 years ago, could you be a little more specific...
Witness - We were at dinner...and it was something we were just talking about...We ended up keep talking about it in the rain...Late fall...maybe 2005...Birthed in our spirit....
Feaga - I wonder if you know when Richard Scrushy was indicted...
Witness - I don't remember..."I love the Lord with all my heart and I've never seen this verse until this morning...I Timothy 6 17-18..." "That verse so much captures the man he's extremely humble, extremely compassionate...that's the man I know.
Next witness is Gary West. He is an engineer at Eco-Tech...He was also an engineer at HealthSouth...He says he's known Scrushy for 52 years...
West - After he left Selma, we stayed in touch over the years...He called one afternoon and told me about an event....
Did you eventually develop the auto-ambulator? Yes. Sir
Witness - "Robotic Gate Orthosis...It's actually a robotic device that helps simulate walking...Marin, this is the concept he had based on what he had seen...He went to the trouble to do fundraising...The man that you seen in this is Doug A....He's a quadraplegic...What this device is to do is to help people with a walking problem...It attaches to just above the knee and the angle and moves the person's legs in a normal type walk...There were a handful of patents issued...they were assigned to the company
I've never seen this man run from anything...I don't know any reason he would....
Leach - At this time I would like to proffer from testimony from Mr. Scrushy's daughter...Krista Plia...
"Christa would tell the court she's always had a very close relathionship with her father...He had to make great efforts through a number of years to do what dad's do with children...She would want to tell the court...for years she believed Richard Scrushy was not a rich man...He was always there for her...They never failed through all the years to meet the children's needs...A big part of the reason Richard Scrushy moved back to Birmingham was so he could be close to his family...Richard Scrushy is the one that puts together the birthday parties...Additionally, she would like to tell the court as she has watched brothers and sisters...She characterizes Richard Scrushy as a rock...instilled values of doing the right thing...None of the children view each other as half brothers or half sisters...No one is treated better or worse..They get the same treatment...
Leslie Scrushy will now take the stand.
Leslie – He is an unbelievable father…He’s the type of father every child should have...
Fuller asks Leslie to adjust the microphone
Leslie - He makes sure each child feels special....He knows (one of the children)...likes cheese grits...and there are so many idiosyncracies...We are all very close...Richard is the rock of that...He has raised his children so well....and just last night...They were crawling all over him...He is the best father...Teaches them values...Prays over each and every one of them every night...We teach them the fruit of the spirit...He is the rock in our family...(She breaks down crying)
He has a mother's love for our children...Like he's the softy in the family...That's who he is and he's been portrayed as something he is not...As God as my witness he is not who has been portrayed to be..
"We have our television show Viewpoint which is a ministry....and we have Grace and Purpose church....Every night he's preparing sermons...We like to be in our pajamas like 7 O'Clock...They love their dad to read to them...Our life totally revolves around ministry...You see pastors coming in constantly....
Are you familiar with how many shows you have done? Hundreds...I don't know exactly...I'm sorry I'm a little nervous....
Flight risk - "It is very important in our lives to be obedient to the authority that has been placed over us...The office of probation is an authority over us...On Nov 4, 2003 we were assigned probation officers...They called real early in the morning....It has always been crucial and important because we certainly don't want the wrath of the government on us....He will be here...because he loves us so much... no matter what happens...fleeing means he could never see his children again...He would never fllee, ever....
Mr. Feaga - If your husband was to flee the country (what would precvent you from going with him)
Leslie - If you'd ever seen us travel...We are citizens of the U.S. It would not be possible for us to leave with him.
Feaga - Were you ever present when your husband met with Gov. Siegelman?
Leslie - Yes
Feaga - Were you with your husband...around July 1999
Lesle - "What I understand is that no one was present....I've seen your organization fight with all you have....to take him away from his children...I don't understand in America...how that could happen...I would think that you would want to know 100 percent that that happen..."
Feaga - Would you agree many of the jury had family? Your husband has been saying they are corrupt.
Leslie - Well I understand there is some evidence that hasn't been investigated yet ....
Mr. Feaga is showing Mrs. Scrushy a newspaper article - Would you agree that members of jury (have families that might be hurt by Scrushy's comments)
Leslie - I would think members of the jury would want that investigated to find out if there was someone corrupt....I think anyone who sat in this courtroom was flabbergasted at the verdict.
Mr.Perrine is up for the government to address motions for upward departure as well as a response to Scrushy downward departure....
"We would agree with a couple of things...The court should sentence defendant based on his conduct both during, before and after this trial...I'd like to begin...with personal circumstances...The U.S. would point to this court U.S. vs. DeBegger..
"Though this defendant may have done good things in the past...Every defendant is held accountable for his criminal conduct...The law is he's held accountable for his actions...Richard Scrushy by going to prison is in no way limited to continue his good works...He has numerous assets...It is significant to note that the ministries began at or near the indictment in Birmingham in 2003 or near the time of this indictment here and we would have the court take notice of that....This court routinely sentences middle-aged men to prison...Leon Carmichael was sentenced to 40 years by this court...Routinely men are sent to prison with sentences that reflect conduct...
"The value of bribe here was $500,000....We would agree this is certainly an atypical case...more than deserving of an upward departure...This case falls well outside the heartland...This is the Governor of the State of Alabama...This is a bribe paid to get on a state board....half a million dollars...Look at what Richard Scrushy got...He bribed his way to be a public official...Once he got on the board he contiued his fraudulent illegal conduct by bribing another CON Board member...He started bribing Tim Adams....to get control and influence...It was systematic.. It was thorough...It was planned out...He instructed Mike Martin to threaten to fire UBS...He personally delievered the money to defendant Siegelman...For them to claim that defendant Scrushy is deserving of dowanrad departure...You have to look at this man's conduct before, during and after the trial...We're arguing that this man has undertaken a purposeful systematic attack on the criminal justice system...We have introduced...the video of Richard Scrushy saying there were no witnesses...to perpetrate a massive PR campaign to say this is a kangaroo court....
Fuller yells at Hernandez - Let him finish
Perrine - This court can take notice....
Fuller - Move on
Perrine - We would ask for an upward departure of two levels.
Pilger - We're mostly stand on our briefs here....
Fuller admonishes Hernandez "If you want to snatch defeat from the jaws of victory continue..."
Hernandez will not speak to upward departure then goes on to argue on downward departure.
Fuller - I will acknowledge in this court's mind that Mr. Scrushy has done many good things....but the court does not find that a departure is warranted...The U.S.motions for upward departure is DENIED.
Fuller - I believe we have heard all of the testimony in mitigation..I would say that I have reviewed all letters that have been sent to the court...summaries of telephone calls...About 574 letters that I have read (for Siegelman) numersous letters on behalf of Mr.Scrushy...I will hear from Mr. Siegelman and Mr. Scrushy....before pronouncing sentence.
Kilborn - Your honor still has complete discretion and I would ask that you exercise that descretion...
Siegelman - "Your honor first I want to thank you for this opportunity...There's a lot I'd like to say...I don't really know how to say it...(Emotional)...I want to apologize to this court, to this court and the people of Alabama...I want to say I'm sorry to my wife and my children....I never intended to do anything that approached a crime...I know the difference between right and wrong...It's something everyone can see...I've raised millions of dollars for thosusands of people...I have never once traded a contribution for anything...I know the jury has looked at my actions and heard my words through the voices of Nick Bailey and they saw bribery and obstruction of justice...
I am not a perfect person...That 1983 letter was a good lesson...I'm not a perfect person, but I am a good person...I was drawn into public service because I believe in the people of this state...All I ever wanted to do was to work to make this state a better place...I was fortunate to be raised by two wonderful parents...My dad worked all of his life, workd for 33 years for the same company and was fired from his job after he had a couple of heart attacks and I saw him cry because he thought he was bringing shame to our family....I saw my mother, who worked as a beutician from the time she was 16, work until her hands were bleeding from sticking her hands in those rough solutions....but they never quit...They never gave up...
They kept working so that my brother and I could have a better life than they had...I've held my wife in my arms as she lay critically injured....from a headon collision with a drunk driver who had just been released from prison...We have not lived the kind of opulent life that one might expect...I've never been motivated by greed, power....a house without central air conditioning or heating...My wife's pleasurei s going hiking...
We chose a frugal lifestyle and we were saving for our retirement...
Siegelman has gone on to talk about education...."Your honor I know that this verdict has tested my faith, tested my belief...It's shaken me...But I have never waivered in my belief in this justice system..I hope and believe the 11th Circuit will give us a new trial...I understand the jury saw it another wayl...I understand you have the sole power...to determine ....I ask you for mercy and compassion and I ask you to send me home...Thank you..."
Scrushy attorney Art Leach addressed the court next.
Leach - As I look back over this hard fought case...The most important things that comes to mind is the evidence we presented to you...I say this without question Richard Scrushy is the greatest man I have met in my life...I met him on October 31, 2003....Judge I'm a student of history I view learning history as walking a while with the great men...I recently completed David McCullogh's book on Harry Truman...It was hard when that journey was over...
When you think about Richard Scrushy as a man....I just want to reflect for a moment...Where can you go today...How many Henry Ford's or J.P. Morgans are out there in the world today...What you see are companies that are very old...People who have created multi-billion dollar companies from the ground up are very rare...very rare...The only other two I can think of are Bill Gates...and Paul Allen...I am here to talk to you about an added dimension of this man...That is his heart and his giving nature...
I know we shouldn't talk about the case in Birmingham...The man did give away...millions of dollars...His giving and his loving heart I am asking you to be merciful to my client today...
As with everything with Richard Scrushy his soul is very complicated...I will tell this court, my contact with him has deepened my relationship with God...However he is one of the very few people I have met that actually lives his faith...(I was there during) This period where Richard was shifting...from a tycoon...to a man faith...
I remember Richard Scrushy telling me he was praying to God to show him...Within months Kingdom Builders was off and running....He was building...He takes that responsibilty so seriously...He often compromises other things...This case...There were literally a dozen times I had to grab Richard Scrushy and say you've got to focus on this case...He's spending his entire days strategizing with the Bishops....He's got people running businesses...I'll readily admit the foundation started....
He has given to this community...causes...In part I suggest to you it was Richard Scrushy's giving spirit that brings him into this courtroom here today...As I listened the other day to General Summerall...two ambitious men met (Scrushy and Siegelman)...And their lives aligned for a time...It was Richard Scrushy's giving heart....Had he rejected the Governor's request we would not be here...He went out and did what thousands do every day...
What has been lost in the discussion...is the law allowed the contribution...Years of litigation before the Supreme Court....The McCormick decision speaks to that...He has always been a giver and that continues today...it is reflected in his ministry...And my understaning is there have been 900 programs...Those are not political programs...All they did was talk about the Bible...Grace and Purpose church...South America, East and Central Africa...
All I ask judge is you continue these good deeds and conclude the man before you is not the typical defendant that comes before this court....HealthSouth produced jobs, incomes...Through his charitable giving that amounted to $22 million over the course of time...He's given of himself...I would go so far to say this court has never seen a defendant that has given so much away...You just never know that it's out there...
I bet through today this court was unaware of all these children being fed in Africa...Ricahrd Scrushy is a good man...Richard Scrushy did not know that the governor was in any way responsible for this debt...The first IHS check...It was only after that one was...which the governor stood as the guarantor...Richard Scrushy did not know anything about it...
When you compare sentences in similar cases both in state and federal court...you find those cases significantly lower then the guidelines...I know you're old enough to know when there were no guidelines...I would suggest to you judge if you went back...the sentecne you would be contemplating would not look anything...I respect the fact...You are probably the most patient federal judge I have ever seen...
The sentencing of Gov. Hunt...who was convicted in a similar corruption case and pocketing...$200,000 and placed on probation...Judge Gov. Hunt's case is comparable...Gov. Hunt was actually taking money....Richard Scrushy did not give a penny to the governor...Gov. Hunt's case is most comparable...Judge we've provided the court with the psychological reports...You can see the effect on his family...We suggest that by looking at this case...compared to the Hunt case the sentence needs to be lower...
Look at the great and good aspects of this man...If you do decide on prison...that you listen to all the testimony...working with probation...He had an impeccable record in Birmingham...He has complied here before this court...We provided evidence about his health situation...People need time to get their affairs in order...to address their medical needs...Judge the sentencing guidelines were an attempt to bring uniformity...What the sentencing guidelines have done..It simply would never happen outside the guidelines...Judge I ask that you find mercy...that whatever sentence you have in mind...you take into account...this giving man...
Scrushy now comes up...I cannot hear him.
It’s about destroyed my family and I’ve not been able to function and earn an income…I want to clear something up…When I was 15 years old I was called into the ministry…I went to my pastor…Saturday mornings…most children are asleep…Richard I’m not sure what you ought to do…See if God is really calling you…He called me every few years…
I did the things I felt was right…But I knew I was being called…In prayer I realized that he was calling me…I am full time in the ministry…I have a flock of people I pastor…Many of those young ladies were cocaine addicts when they came to our church as well as ministering to people…This is something that happened…All of us turn to God when they have trouble…Yes sir when you go through fire you turn to God..God is my life..I have been called to the ministry…We have 1,000 churches…I believe God has called me as an end-time soldier….You’ve heard the testimony of what we’re doing in Africa…We teach them how to raise money….3,000 children are a drop in the bucket…This is the tip of the iceberg…So much needs to be done…I want to mention my children.
I know there was only one perfect man who walked the face of the earth…I’m sorry for the things that happened…I never asked for anything and never received it…I would never ever serve again…I think it’s a horrible thing…I think we’re going to lose because of this …If we continue to go after people…I hope you will have mercy on this volunteer servant…It concerns me greatly…I think I’ve said enough I just want you to know that I feel bad about all of this…The governor and his family…
I was raised in a 900 square foot home…I know what people go through….They taught us right from wrong…I didn’t need any money…I didn’t want any money…God blessed me…I just pray your honor would consider my family…these services…these ministries…That’s who I am…I have no interest in having money…I’m just a pastor…I just ask you to allow me to continue to do that and pray that you will
Pilger for the Govenment - "Judge you presided over the entire trial...What I would add here is the nature and circumstances of their crimes...in terms of the cynical criminal intent..With respect to Gov. Siegelman and Mr. Scrushy we would not deny they have not done some good things...We would ask that you keep those things in perspective...These matters can't serve to distinguish these defendants from the ordinary citizens...who simply have no chance that they would ask in the same way when they stand before you....they never have the money or position to do it in such a visible way...
Business criminals are not to be treated more leniently...They are more rather than less culpable...So we ask you judge ....that you keep in mind...To whom much is given much is expected...By no reckoning did they have to do what they did...for power and for money...The facts of this case show the defendants have no remorse at all...They still insist that business is as usual...They insist there is no need to punish them for bribery, conspiracy, and fraud...
The jury, the courts reject that for the nonsense it is...They chose to attack anyone ane everyone...They will continue to do so...This should increase their reasonable sentence...It is sad for the families...The defendants situations...are the result of their actions...Public corruption is not some arcane issue that regular people can't understand...Everywhere where corruption is tolerated...it leads to misery and ruin...
For one example, Gen. Sumerall talked about the troubles in Baghdad...We've sent people to Baghdad...Fortunately for us corruption is not tolerated here...The people of Alabama have spoken through a jury...The rule of law can't be turned into a rule of money...We ask you to impose a sentence...that reflects they have absolutely no respect for the laws...but did this out of greed for power and money..."
Joseph Fitzpatrick - "At points this trial has been contentious..earlier today the prosecution was equated as jackals...One during the course of the trial...it was compared to the Tuskegee Syphilis expeiment...We chalk it up to lawyers, as they should, zealously defending their clients...
Gov.Siegelman and Richard Scrushy are two men who have done some great things...I would like to thank Gov. Siegelman...Mr. Scrushy....That does not change the fact they sit at defendants' table as convicted felons...There's a saying that goes good men sometimes do bad things and likewise bad nen sometimes do good things....
In that time I've also prosecuted charismatic public servants...The history of the world is replete with examples...I'm here to argue ...both defendants must take responsibility for their actions...In this sentencing during the trial, we've heard there wasn't anything wrong with what they did...One of Mr. Scrushy's former defense counsel even said Alabama Politics 2006...It is clear defendants behavior in this case is wrong....
Since drug cases have been used as an analogy...Our prisons are filled with drug dealers and users...Often people supplying the drugs are not prosecuted...Now I work in the white collar...division....Gov. Siegelman has held more statewide positions...Richard Scrushy was the CEO of a Fortune 500 company...A message will be sent that the state and federal law have teeth...
If these two individuals can be charged...and convicted then certainly it can happen to a local official...At a time when our junior college system is in shambles...and our Legislature....The court will remember a $40,000 bribe...The very issues being brought up in this trial are being ignored by our Legislature...
There was a fistfight on the Senate floor...They have lost respect for themselves...This court has the opportunity...to promote respect for the law...The court has the opportunity to make sure what these defendants did will never be referred to Alabama Politics 2007, 2008 and beyond..."
Mr. Franklin - "...I am the prosecutor I am supposed to seek justice...I will respect the sentence...I know that it has been contentious...My emotions have gotten the best of me on occasion...And I apologize to the court if I crossed the line...It is important to the U.S...Judge I think in the last hour or two...what happens is the focus shifts...and I want to bring the court back...I see defendants...they start hiding behind their families...I need this court to focus...regardless of their social status...they stand before this court as defendants...They stand before this court as convicted felons...They are not victims in this case...They are convicted felons...I would ask this court treat them as such...I want to read to the court briefely an editorial comment...This particular person wrote - Grave harm is inflicted on society...in the case of Siegelman and Scrushy...jurors concluded that Siegelman traded a seat ...on a hospital board...
I want to tell you people should not be afraid of government service because of this case...What this case stands for is it should remind people why you seek public service...It is because you are honest...you are hardworking...Think what happened in this case...Gov. Siegelman was in office so long...He wanted to stay there...He traded...and Scrushy was willing...He did receive a tangible benefit...How bad does it look if you don't serve on the board where your corporate office is...
I walked into this courthouse and had a court impose life sentences and had court impose probation...This is not a probationary case...This is a case that screamed out for a sentence in the guideline range this court has determined appropriate...If as a defendants have told us that all politicians do this...That is more of a reason to pose a sentence of imprisonment to show them you cannot...accept a bribe...conspire...obstruct law enforcement...I have to believe that all politicians do not do what these defendants have been convicted of...I stand here ready to prosecute any case similar to this where a governor takes a $500,000 bribe from a CEO and appoints him to a board.
Recess until 7 p.m.
Fuller - "I'm further obligated to state the reasons for a particular sentence to a particular defendant...It is clear the sentencing guidelines are advisory....the sentencing judge should filter that...I have done that to the best of my ability...I wish the record to be clear...I've heard all the evidence...I have considered and I have heard all the arguments written and oral...Gov.Siegelman
Siegelman 88 months
The courts ruling remains the same...Even if I had not granted the government's motion for upward departure...I would still make the same finding....
Governor Siegelman the sentence is order imposed...If you would please be seated....
Scrushy 82 months
