Introductory letter to John Conyers, Chairman, House Judiciary Committee:
http://www.donsiegelman.net/files/LETTER_from_44.pdf petition:
http://www.donsiegelman.net/files/Final_Petition.pdf To the House & Senate Judiciary Committees:
We, the undersigned former state attorneys general – both Democrats and Republicans –
urge the U.S. Congress to investigate the circumstances surrounding the investigation,
prosecution, sentencing, and detention of Don Siegelman, the former governor of Alabama.
As the former chief law enforcement officers for our respective states, we honor the rule of
law, the sanctity of juries, and the important deterrent effect of prosecution and – in most
cases -- incarceration. We are also reticent to argue the facts of a case where we have not
had an opportunity to personally review each piece of evidence and its relationship to the
applicable law.
However, as numerous national and state media have pointed out, there is reason to believe
that the case brought against Governor Siegelman may have had sufficient irregularities as to
call into question the basic fairness that is the linchpin of our system of justice. We urge the
Congress to take immediate action to investigate this entire matter so that the public may be
assured that the outcome is just.
While we do not know all of the facts of this case, we do know the following:
(1) Governor Siegelman is currently incarcerated at a Bureau of Prisons facility, having been
refused release on bail pending appeal. Indeed, he was even denied 45 days to report to
prison to give him time to put his affairs in order, an opportunity which is commonly
granted.
(2) A lawyer who had worked in the campaign of Governor Siegelman’s opponent in the
2006 gubernatorial contest has sworn in a recent affidavit that the spouse of the federal
prosecutor in this case stated that his wife and another federal prosecutor would “take care
of” Mr. Siegelman and that he had talked with a political operative for the White House
concerning such assurances.
(3) In an unrelated but recent case, a low-level employee in another state administration was
prosecuted and convicted by another U.S. Attorney before a U.S. Court of Appeals ordered
her immediate release from prison and reversed the trial verdict calling the prosecution
evidence “beyond thin.”
(4) Another former Governor of Alabama was convicted of corruption charges a few years
ago in a case where he personally benefited from his action and was sentenced to probation.
That case was handled by the same lead prosecutor as in the Siegelman case.
(5) The sentence sought by the prosecutor in Governor Siegelman’s case -- 30 years -- was
excessively disproportionate, and the sentence imposed -- 7 years, 4 months -- was harsh.
(6) While we are not privy to all the evidence, we are aware that there are numerous
apparently legitimate (and arguably compelling) appealable issues in this case, as confirmed
by a number of legal scholars. There have been allegations of jury misconduct and the
possible introduction of extrinsic evidence into the jury deliberation process that have not
been fully investigated. For this reason, and because Governor Siegelman is not in any way a
flight risk, the denial of a bond pending appeal appears inappropriate, and the shackling of
the Governor in handcuffs and leg irons as he was taken out of the courtroom was shocking.
The U.S. justice system should be above reproach. The only way to convince the public that
the Governor is not the victim of a politically motivated double-standard is for Congress to
investigate all aspects of the case thoroughly.
Jeffrey A. Modisett-Indiana
Robert T. Stephan-Kansas
Robert Abrams-New York
Grant Woods-Arizona
________________________________________________________________________
Ken Eikenberry-Washington John K. Van de Kamp-California
M. Jerome Diamond-Vermont Walter W. Cohen-Pennsylvania
W.J. Michael Cody-Tennessee Frank J. Kelley-Michigan
Bonnie J. Campbell-Iowa Francis X. Bellotti-Massachusetts
Neil F. Hartigan-Illinois Heidi Heitkamp-North Dakota
Larry EchoHawk-Idaho Hubert H. Humphrey, III-Minnesota
Mike Moore-Mississippi J. Knox Walkup-Tennessee
Scott Harshbarger-Massachusetts Frankie Sue Del Papa-Nevada
Chris Gorman-Kentucky Oliver Koppell-New York
Charles Oberly-Delaware Bruce Botelho-Alaska
Andrew Ketterer-Maine Andrew P. Miller-Virginia
Dennis J. Roberts, II-Rhode Island Steve Clark-Arkansas
Joseph P. Mazurek-Montana Anthony F. Troy-Virginia
Michael Lilly-Hawaii Frank V. Mendocino-Wyoming
Mary Sue Terry-Virginia Robert H. Quinn-Massachusetts
Michael C. Turpen-Oklahoma C. William Ullrich-Guam
Robert J. Del Tufo-New Jersey Duane Woodard-Colorado
Richard Ieyoub-Louisiana Travis Medlock-South Carolina
Richard Opper -Guam Charles G. Brown-West Virginia
Richard Wier-Delaware Edwin L. Pittman-Mississippi