Sentencing/Post Conviction
Former Ala. Gov. Wins Release Pending Appeal
Posted Mar 28, 2008, 08:10 am CST
By Debra Cassens Weiss
A federal appeals court has ordered that former Alabama Gov. Donald Siegelman be released on bond. He has already served nine months in prison since he was convicted of bribery.
The Atlanta-based 11th U.S. Circuit Court of Appeals said Siegelman had raised “substantial questions” in his appeal and could be released pending a decision on the issues, the New York Times reports.
The court did not specify what those questions were. Siegelman’s lawyers have argued he was wrongly convicted for a transaction that was similar to a standard campaign contribution. They have also contended Siegelman was not treated the same way as other convicted white-collar defendants who are usually released pending appeal. Siegelman “should not have been manacled and taken off in the night” after his conviction, said one of his lawyers, G. Robert Blakey.
Vince Kilborn, another Siegelman lawyer, called the decision “a huge step, but it's not the final step.” In an interview with the Times, he noted the court’s reference to significant issues. “It certainly throws cold water on the Justice Department position that there was nothing to his appeal,” he said.
Siegelman supporters argue his prosecution was politically motivated. The House Judiciary Committee has held hearings on his case, and 44 former state attorneys general have signed a petition asking Congress to investigate the prosecution.