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Prosecutors say Scrushy motion has no merit

MONTGOMERY (AP) — Prosecutors say a motion seeking a new trial for former HealthSouth CEO Richard Scrushy is without merit and should be rejected.

In a filing in federal court Monday, prosecutors also said U.S. District Judge Mark Fuller should not recuse himself from the case.

Scrushy's attorneys had filed a motion seeking a new trial and asking that Fuller and prosecutor Steve Feaga be removed from the case. The motion charged that Fuller and Feaga have a conflict because they share an interest in contracts with the U.S. Air Force.

Feaga Reserve colonel

Feaga is a colonel in the Air Force Reserve and serves as assistant staff judge advocate for Headquarters Air Command. Fuller is a former president of and an investor in Doss Aviation Inc., a private company that receives major contracts from the Air Force and other branches of the military.

Feaga said Tuesday that he has nothing to do with awarding or reviewing Air Force contracts and called the motion by Scrushy's attorneys "frivolous."

In the filing Monday, chief prosecutor Louis Franklin said Scrushy's motion was an attempt to shop for a different judge.

"Such a motion should be given no credence," the filing said.

Copyright 2005 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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