We are running a little late, the security machine was down for a while. The judge is still not on the bench yet.
For people following the issues in the Department of Postsecondary Education - The State Board of Education was notified this morning that Bishop State President Yvonne Kennedy will retire effective July 31, 2007 and Shelton State President Rick Rogers will retire effective September 30, 2007. We'll have more on this on wsfa.com later tonight.
The judge is now on the bench. Susan James is talking.
"They say that Don Siegelman is worse than Mr. Shinburg...He was convicted on RICO...and when they ran those guidelines his base offense level was 29...The sentence he received was 188 months...and on appeal...121 to 151 months...I think the government...I can't comprehend that the government would compare Don Siegelman's activities with this...there were three or four judges...
Fuller - There is another case that concerns me...Gutman
James - Any public corruption case sould call for an upward departure...The conduct in both of those cases was convicted conduct...The very conduct the government wants to use as a basis is acquitted conduct...They say at page 2 of their motion that defendant Siegelman corrupted the office of governor...They also say Scrushy corrupted the office of governor...The probation officer's addendum...Probation officers rarely sit through the trial..."
Ms. James is going through arguments about public confidence..."There could be some argument...The world is looking to you for fairness...This could send an equally bad message...I know you have to issue a just sentence...The government asked for 30 years...People would come up to me and say 30 years are outrageous....We do Know politics are involved in this case...You've got some people who love Don Siegelman and some people don't...You risk saying to the public...Who wants to run for public office...
Based on his suggested guidelines 121 to 151 months (Nick Bailey)...He got a reduction between 8.5 and 11 years...He got more taken off than the government asked for in this case...Defendants ought not be penalized because people are interested in this case...People all the time in and out of the governor's office...In and out of the governor's mansion..It's a stretch to say that Gov. Siegelman's conduct impacted the ABC Board...the court did not attribute certain things to Gov. Siegelman in that regard...No one ever told me the first amendment was left at your house..He has a right to state what he thinks...I will tell the court I sat here almost as a spectator...I got to see the real Don Siegelman...That's the Siegelman the court needs to look at...
Perrine - This is not about a defendant's first amendment speech rights...This is for starring in a propaganda machine to attack the system...To say that this court is corrupt...That this court has perpetrated an unlawful proceeding...That it is somehow a sham and unlawful in itself...We're asking the court....to apply the law...This is a recognized departure of the 11th Circuit...Some of the things in Gutman justify...It has happened from day one and it continues...The court notes, in Gutman...he continued to blame the government...He carried out his obstruction while he served the state of Florida...That's exactly what happened in this case...The defendant was still the governor...While he was the CEO he consciously obstructed ...this investigation and then comes in and says the system's corrupt...Propoganda that heaps disrepute on this system..."
"This man deserves to be held accountable for his actions...Since the moment he has been accused of wrongdoing...to attack this system is reprehensible and he deserves to be punished and held accoutable for it...He's not being held accountable for acquited conduct...He knowingly engaged in that video...He knowingly made an attack on the jurors...He's knowingly accused the government of being politically motivated...We're only asking the court to apply the law...To say this district...upholds the rule of law...
James - Don Siegelman I don't believe they can offer one shred that he said the system was corrupt... I have no choice but to do it...They say there is no evidence of selective persecution...I'm sure the court is aware of a sworn affidavit of Jill Simpson...and she says there was corruption in this prosecution that trickled down...Quite Frankly we had intended to save this for another day...
Fuller - Let's do that
James - It had no purpose today.. but we had to say that.
Fuller - It is my obligation to make a proper calculation of the guideline range as a recommended sentence that is not binding on this court...Based on the evidence this court has heard...Based upon the pleadings...The plethora of media attention...Some reporting the news...Some of which has been generated with the assistance of Gov. Siegelman...The court ....if it did not address the government motion.;.document 591 in this case...Based upon all of that information I am convinced that the conduct in which Gov. Siegelman engaged in has damaged the executive branch of gov''t in this case...I will grant an upward departure of 4 offense levels...offense level of 36....pursuant to the guidelines...the guideline range 188 months to 235 months, supervised release 2-3 years per count...The consolidated fine from 20,000 to 200,000...And again I would remind counsel that is the court's findings...calculate a correct guideline recommendation...after objections to the presentence report and after motions of downward departures and variances and upward departures and variances..."
Carmen Hernandez now speaks for Mr. Scrushy and advises the judge that prosecutors are outside talking to the media...We can barely hear her.
She is arguing the sentencing guidelines..."Individuals...should not be sentenced on misinformation...The court knows our response to the government's motion seeking 25 years was to say frankly...we were dumbfounded...He has not killed anyone...He has not kidnapped anyone...I don't understand...I know I do not practice in this court...
Fuller - Take a breath... I don't think that my sentense is going to be anywhere near that...
Hernandez...This case to start with...the average is 20.5 months...This is not the most defendant friendly circuit...In the Middle District of Alabama the average fraud case is 5 months...Nationally, we had a very prominent case involving a lawyer, counselor to the Vice President of the U.S....There was media outside, this pales by it...and a lawyer he was charged with lying under oath and the matter under investigation was a serious matter...one of their covert agents has been identified...as an officer of the court there is a different burden...So in terms of just punishment I believe that a sentence within the guideline range would not result in just punishment...In terms of deterrance there is not a shred of evidence that sentence of 70 months, 80 months deters...more than one of two years...I guarantee there is not a businessman in the state of Alabama that would exchange places with Mr. Scrushy today...In matter of detterance...I think you have it....He has become a minister...and that is the primary focus of his life...I went and greeted the women...They are salt of the earth...They have been through difficult times....I would tell the court...that the sentencing commission says it failed to consider age into account in the guidelines...Someone of Mr. Scrushy age is less like to be recidivist...In his new life will not create a new...I seriously doubt Mr. Scrushy will ever give any politiclally contributions because of the danger...There is substantial evidence that as people get older they are less likely to recidivate...It is a factor the court can take into account..."
I want to put this case into context...HealthSouth is the biggest...Mr.Scrushy or another representative of HealthSouth has been on the CON Board 12 years and continue to be on the the CON Board...What he was buying...The thrust of their case is he bought his seat on the CON Board...It is undisputed that HealthSouth had almost an ex-officio seat that continues to this day...Mr. Scrushy had a HealthSouth lawyer working on CON Board matters because they were so taxing of his time...He has never been accused or convicted of giving a bribe in any other....In Washington our business is politics...The taxing effects of money in politics...Just this past week the Supreme Court struck down parts related to campaign finance...The court found no benefit attributed to Richard Scrushy from the $500,000. Mr. Scrushy has a soft spot in his heart when it comes to children...I believe the only matter that came up related to this case while he was sitting...was Brookwood Hospital...I read the letter Elmer Harris sent...wisdom, insider and well respected...He told your honor he knows what happened...because he encouraged....
Fuller - He testified to everything he said in the letter...The jury had to make that decision...
Hernandez - A person has the sixth amendment right...The point I want to make to the extent he stands before the camera and says I'm innocent...It's based on his belief, a lie detector test, and even Elmer Harris even said it...
Judge Fuller said he was familiar with the evidence of the case and wanted to know what points and objections Ms. Hernandez had...
Hernandez is back arguing specific notes and points on downward departure. "Your honor has made a finding that he did not receive anything more...so to sentence him as if he received a $500,000 benefit...If he had pocketed $500,000 his sentence would be identical..to me I'm not a judge to me that violates...avoid unwarranted disparaties...Your honor did not cut him a break in elevating him four levels ...You go to an airline counter to get a ticket...I want to keep the teller happy...I understand we've been through a few days...But the facts as presented in this courtroom is that Loree Skelton did not tell Richard Scrushy about the purchase order that resulted in the $11,000...So we've got six levels .."
Hernandez discusses with the judge the trip of Supreme Court Justice Scalia and a duck hunting trip...
"It's not an insignificant ammount (regarding the added levels)...This is atypical...He didn't pocket any money...The Randy Cunningham case...The industrialists were paying him...That's the typical bribe...It's not Richard Scrushy getting a seat on a CON Board...I'm coming in from the outside and looking at this case and it's making no sense to me...The Abramoff case...The government says in this courtroom every man should be treated exactly the same...They referred to you cases in Alabama...Stephen Russo, the mayor of Orange Beach,...Russo got 120 months...Kenneth Wall the contractor got a 12 month sentence...If we're going to treat everyone the same I ask the court to give Richard Scrushy 12 months...no less than that because he did not pocket any money...There are five children living at home...I have children...The court has children...Whatever our wrongs...The children should not suffer...With respect to Mr. Scrushy...with the court's indulgence one of the children's in the room and I'd rather not
Fuller - They will be excused
Hernandez - The two older children are with his first wife and they have lived with the Scrushy's for most of their lives...The two older children will be sent to live with their mother...It will be traumatic to the little ones who will not only be losing a father...but these...
The second aspect of the personal circumstance are Mr. Scrushy's charitable contributions...His entire life...The court has received letters of all different types...That's an aspect I would ask the court to consider...He's involved in a mass scale...where he is the primary funder...He's always had a calling...However as a head of a fortune 500 company he had little time to devote to that...He's and ordained minister...He and his wife are ministers in a church and that whole area of his life is something the court can take into account...The need to incarcerate and protect the public ...I think I've aggravated the court long enough...We just wanted to set out an outline...If the court wants to put him on home detention for another five years...I think that would be in keeping that the argument presents here...The government has gotten up here and told you over and over again the governor was demanding money from all over the state...The notion that Mr. Scrushy corrupted the office of governor...They can't have it two different ways...They've already gotten four levels...
Mr. Leach - The first thing I want to proffer to the court is Bishop Jones...He's a Bishop in Jacksonville, Florida...He was here but he didn't stay...He had something he had to take care of...Judge Bishop Jones met Richard Scrushy in the Guiding Light Church in Birmingham...Bishop Jones have continued in the mission together...Kingdom Builders is rather large...Bishop Jones part is in South America...Bishop O...runs a huge orphanage in Africa...In South America...they have 22 children...And what is happening in relationship between the churches in the United States and those churches overseas...They feed and house and clothe those children...The one point I want to make clear is these churches are not in the poshest neghborhood...It's not a lot of money...The Bishop from Africa will tell you...that anytime there has been a deficiency...over a period of years Mr. Scrushy wrote a check...He's committed to all the churches...He took the skills that he took to build HealthSouth from $0 to $4 billion...That company beyond any attack grew from zero to a $4 billion...Unlike Enron when the attack came it carried on...that's the company Richard Scrushy build...The assistance Richard Scrushy brings is the same vision...as HealthSouth...He tries to figure out how things can be made better...He's made tangible change...He's very commited to those churches."
"I also want to proffer to the court Mr. Scrushy's charitable giving..."
Pause as there is dialogue between Mr. Feaga and Mr. Leach...
"On charitable giving...the total amount, personal charitable giving was $28 million...The Richard M. Scrushy charitable foundation, which he funded, was used in a variety...In 2003 there was $1.7 million he gave in 2004 $882,700, in 2005 In 2007 just to date 868,000 For a total since 2003 to current $6,122,354.31 -
United Cerebral Palsey, Feed the Child, The Autism Society of Alabama,...Special Forces for Jesus...United Negro College Fund...MorningStar Pentacostal church...Bishop O...
At this time the witness will be Bishop Bernard Omukubkh - Would you tell us a little bit about your educational background?
Bishop - I went to school in Africa...I have a masters degree in Theology...I have a PhD....
In your carerr have you taught at all? Yes I taught elementary school. I taught high school. I taught seminary...Right now it's located in Kenya and five different nations in central Africa...I am the president director of kingdom Builder's International..Richard Scrushy is the founder...He is presently the overseer...The one that has the oversight over the work...He's actually the visionary and many times he's the one that helps support the branches all over...Kingdom Builders is a great privilege for God...When he begun...In Africa we have over 450 churches...It's a large organization...In Africa 40,000 people..
Is your ministry in the U.S.? I am an ordained Bishop in Africa...In Africa we have seven orphanages...We remain with four orphanages...AIDS victims...no mother no father...I identify them, write their names...We do feed them...We do clothe them..Medical help and care...Richard Scrushy has been a great help and is a great help...We go out and look for these children...We go out and identify children that have need...those that have nothing to eat...Those that have no father, mother...
How much does it cost to run 4 orphanages, 3000 children - Every month we have a budget of 10,000...There is so much involved every month.
How do you get your funding? It's been very difficult for me and very strenuous...I don't believe anybody...I don't think there's anybody here who can do what Dr. Richard Scrushy can do for our ministry...Before I met Dr. Richard Scrushy...I was sleeping on the ground seeking help...I came across a pastor where Dr. Richard Scrushy used to go to church and after a few weeks I received a letter from him with a donation - $2,000 for him...I had his card and a number...I called his office and he gave me an appointment...He loves to give...Cares for ministers, preachers....He will not let them down...Many big people...He says come on in...
What year did you first reach Richard Scrushy? 2004 ...He's doing almost everything...We raise money sometimes through our own church...We feed the...I have a video
Of the money that is raised can you tell the perceantage that goes back to the children in Africa? 100 percent...provision of shelter, medical...If I recieve it now it goes to the Western Union and it is wired straight...I do not know what I would do if Richard Scrushy didn't do what he does...He's annointed with the Holy Spirit...He's not a corrupt person...This is a person that is kind...Lord have mercy....
Is it correct that you knew Richard Scrushy in the Birmingham case? I used to ride greyhound...I used to go to the court and sit
Did his assistance to you increase or decrease? It increased...This is a timely hour for this man to be set free to preach the gospel to lost and dying souls...This is not a selfish person...He liberally gives...I'm really surprised...that we can have no mercy ...on someone who gives without expecting everything...I did not have anything...I did not have transportation...I did not have a place to stay...When they found me...there was no furniture...I lived in a suitcase...I didn't have utensils...I didn't have clothes...I don't know what I would do if you would send him away ....I don't know what those children would do (Bishop is crying)..
I want to talk to you about the medical supplies..."He has assisted me in everything...Right now there is a school in progrss to be built..."
There is now a video playing of the children in the orphanage
Has there ever been a time since the orphanages have been with Kingdom builders there has been a deficiency? Many many times...He says come to the office and he writes a check....
In the event that Mr.Scrushy is removed what is going to happen to those children? Most of them will go to the streets and have no one to take care of them...I don't know what we're going to do...
Steve Feaga will now cross-exam the Bishop
Feaga - You said that Richard Scrushy was the founder...When did he found Kingdom Builders?
Bishop - Kingdom Builders was found in 2005-2006...
Feaga - You said when you met Richard Scrushy you were basically penniless?
Bishop - 2004...Not take care of me take care of the ministry that I represent...That was a personal thing I let the court know...I don't think that's of any interest to you...
Feaga - Richard Scrushy helped you came from a position from where you were to where you are today?
Bishop - I'm describing where the ministry was...
Feaga - Was it at the time that Kingdom Builders was founded he contributed money to the children?
Bishop - 2005
Feaga - Do you know if he was indicted...Had he been charged up in Birmingham?
Bishop - I wouldn't be familiar with that...He personally began to give 2004
Feaga - Do you know how much money Richard Scrushy is worth?
Bishop - I would not know
Feaga - I'm asking if there's any reason he could not give even if he were in jail?
Bishop - If he's taken away how would I get the check, how would he write the check....
Feaga - Has he told you whether or not he would continue giving
Bishop - His heart is giving...Giving in his heart is a fixed thing...Whether he's incarcerated....
Feage - If he were to sale that yacht...he could make charitable contributions....by selling the yacht...
Bishop - when he gives I don't question where the money comes from...
Leach - Are you a wealthy man?
Bishop - My account zero...I will give you my account number at Compass Bank...My suits, sharp, blessed like some of these lawyers is from God...Cripples walk...I minister side-to-side of him...I have a video of a lady walking from a wheel chair...That is the annointed one of God...I am afraid that this is happening...That we are going to deprive America of a great man of God....
Leach - one of the question...Is Richard Scrushy writing a $10,000 check every month
Bishop - close to $10,000 when there is a deficiency
Leach - You go out through Kingdom Builders and the churches and then if there is a deficiency do you turn to Mr. Scrushy?
Bishop - Sometimes it does not reach $500
We're going to start a new post.
Yeah Leslie knows how to write checks, use credit cards, spend the money. After this is over, she'll probably wish she had gone thru with the divorce before the defense attys got Richards money & her share too!
Posted by: Elle Carroll | June 28, 2007 at 05:09 PM
Why are so many of the comments focusing on Scrushy's misdeeds re: the Birmingham case?
Posted by: purpledot | June 28, 2007 at 04:05 PM
Scrushy did not give a dime of his own money, its all the money he stole from healthsouth shareholders.....steal $250 million and give $30 million away to fend off the nay-sayers. And then his "Character" witnesses are all those he gave stolen money to....what a mockery Scrushy is making of the court system. And then his layers say his family will be hurt if he goes to jail???? What about the 1000s of Alabama citizens he hurt by corupting the public system, and 1000s of investors that he stole from??? What about them?
Scrushy deserves 10 years in prison at least.
Posted by: mohammad | June 28, 2007 at 04:05 PM
Scooterpass.....You need to stop speaking about others as you speak. You dont have a clue what you are talking about and yes Leslie does know how to write checks...Scrushy's wife! You are very judgemental and i pray for your soul and for your hear to be softened by God Almighty. You and some others have some things to learn in life and the major one is you dont know the whole story, you were not there, you just assume and you judge. Let me share something with you....You too will be judged!!! God Bless you
Posted by: Tye Norton | June 28, 2007 at 04:04 PM
All the monies he donates comes from the Scrushy Foundation...not his personal accounts. They act like if he gets sent away, the fund dries up. Has Leslie not learned how to write a check?
Posted by: Scooterpass | June 28, 2007 at 03:54 PM
I didn't realize that criminals were such nice people. The media always shows them in such a negative light.
Posted by: lesley | June 28, 2007 at 03:52 PM
You who judges will be judged in the same manner you judged others! Remember that people! Richard Scrushy is a great man of God! You need to look at yourself in the mirror and worry about your own faults. Let God handle this! You are no better than Richard or Don by speaking what you speak.
Posted by: Tye norton | June 28, 2007 at 03:52 PM
There you go, sell the the boat. That will take care of everyone while he serves the time that he owes society.
Posted by: stew | June 28, 2007 at 03:47 PM
They have already said Scrushy is sick, that was the first day haha
Posted by: Prattville | June 28, 2007 at 03:43 PM
I can't believe the Judge is letting this drag on with so much BS from the lawyers. Sounds like they are retrying the cases and the Judge is letting them. When will he get sick of all this and get on with the sentencing? We'll probably hear next that Schrushy & Siegleman are sick or something and should not have to serve because of their health.
Posted by: C Borden | June 28, 2007 at 03:40 PM
Are we going to hear from everyone this guy gave money to? I agree, as far as convicted criminals go he is at the top of the heap. Not that matters one bit. Now lets sentence him and get moving.
Posted by: sheldon | June 28, 2007 at 03:30 PM
yea, yea, he is a terrific convicted criminal. lets get on with it.
Posted by: prattville | June 28, 2007 at 03:26 PM
Wow he doesnt play around, I did not expect a sentence rang that quickly. I was reading it and had to ask others in the office if that meant is what it meant.
Posted by: Prattville | June 28, 2007 at 02:08 PM
Thanks for all the hard work Helen - I was down yesterday and could barely hear a thing in the side court so decided to just stick with you today. Any thoughts on how long it will be before Judge Fuller puts an end to the attorney's endless pleas, and will actually hand down the sentence ?
Posted by: Elizabeth | June 28, 2007 at 01:42 PM