Federal prosecutors appeal decision to leave Scrushy free on bond
MONTGOMERY (AP) — Federal prosecutors are appealing a judge's decision to allow former HealthSouth CEO Richard Scrushy to remain free on bond until his sentencing in a federal bribery case.
Prosecutors filed the appeal in federal court in Montgomery Thursday, saying that U.S. Magistrate Judge Charles Coody's decision to allow Scrushy to remain free was in error. Prosecutors had asked Coody to revoke Scrushy's bond because he took a trip on his 92-foot yacht from West Palm Beach, Fla., to Miami when he was supposed to be on a court-approved spring break vacation trip to Disney World.
The motion, signed by chief prosecutor Louis Franklin, says there is "no condition or combination of conditions of release that will assure that defendant Scrushy will not flee."
Prosecutors appealed Coody's ruling to U.S. District Judge Mark Fuller, the trial judge who presided over Scrushy's trial last year. Scrushy and former Gov. Don Siegelman were found guilty after a two-month trial of bribery and conspiracy charges. Fuller has not set sentencing for Scrushy and Siegelman.
During a daylong hearing before Coody on Monday, Scrushy called the incident a "misunderstanding" and promised he would not violate terms of his release in the future.
"I'll be exactly where I say I'll be, always," Scrushy said during heated cross examination by prosecutor Steve Feaga.
Coody ruled that Scrushy, who can't travel outside the U.S. District Court's middle or northern districts of Alabama without court permission, could remain free on bond. But Coody said Scrushy would have to wear an electronic monitoring device on his ankle if he travels outside the northern or middle districts.
Neither Scrushy nor his attorneys had an immediate comment Thursday on the appeal.
Copyright 2005 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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