Ala. judge's spousal abuse case has some seeking his resignation

[4bucksagallon]

Source: CBS News

The caller is the wife of Mark Fuller, a prominent federal judge who has presided over some of Alabama's biggest cases.

Prosecutors filed a misdemeanor battery charge against Fuller. But the case did not come to national attention until the video surfaced of NFL star Ray Rice knocking out his then-fiancee, later wife, Janay in a casino hotel elevator.

Now Fuller has been relieved of all his pending cases, and there are calls for his resignation.

Read more: http://www.cbsnews.com/news/judges-alleged-spousal-abuse-case-has-some-seeking-his-resignation/

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http://en.wikipedia.org/wiki/Mark_Fuller#U.S._v._Siegelman
U.S. v. Siegelman

In 2004, former Alabama Governor Don Siegelman was charged with Medicaid fraud, but the day after his trial began, prosecutors abruptly dropped all charges and judge U. W. Clemon threw out much of the prosecution's evidence and stated that no new charges could be refiled based on the disallowed evidence.[5]

In 2006, Siegelman was charged again and Judge Fuller presided over the criminal trial for bribery and obstruction of justice. After a highly publicized trial that spanned several months, a jury convicted former Governor Siegelman and co-Defendant Richard Scrushy, founder and former CEO of HealthSouth, of federal funds bribery relating to Governor Siegelman's failed Alabama education lottery campaign. Prosecutors alleged that Scrushy, who supported Siegelman's 1998 gubernatorial opponent, Governor Fob James, reconciled their differences. Siegelman initially resisted, but later agreed to meet with Scrushy. According to trial testimony from a Siegelman aide, Nick Bailey, after the meeting ended Siegelman emerged with a $250,000 check and told Bailey that Scrushy "was halfway there." When Bailey asked Siegelman what Scrushy wanted for the contribution, Siegelman allegedly said, "the C-O-N Board." Bailey's recollection of the events, in particular his thought that Siegelman had emerged from the meeting with a check, turned out to be incorrect.[6]

The jury was deadlocked twice.[7] Fuller then told the jury they had the potential for “a lifetime job for you as a juror,” noting that he had “a lifetime appointment” and was “a very patient person," and the jury convicted the following day.[8] At his first sentencing hearing, Fuller sentenced him to 88 months. Siegelman defenders argue that the sentence is unprecedented and the punishment excessive because, for example, former Alabama Governor H. Guy Hunt, a Republican, was found guilty of personally pocketing $200,000 and did not receive jail time.[9]

Siegelman appealed and on March 6, 2009, the Eleventh Circuit upheld key bribery, conspiracy and obstruction counts against Siegelman and refused his request for a new trial, finding no evidence that the conviction was unjust, but struck two of the seven charges on which Siegelman was convicted and ordered a new sentencing hearing.[10] It affirmed Judge Hinkle's decision (Judge Fuller asked that a separate judge be assigned to handle the motion) that Judge Fuller need not recuse himself from the case. The Eleventh Circuit noted that recusal motions must be made before trial, but the Defense did not learn of Fuller's conflicts (see "Criticism" below) until after the trial had begun. It also upheld the jury instructions that Fuller gave to the jury prior to their deliberations.

In December 2009, Fuller then reduced Governor Siegelman's sentence by 10 months during re-sentencing,[11] leaving him with 69 months.[12]

[7962]

1. Whatever it takes to get him OFF the bench. nt

[TeamPooka]

2. and into a cell. nt

[silvershadow]

3. Good. nt