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Scrushy's attorneys seek jurors' computer records

By Bob Johnson
Associated Press Writer

MONTGOMERY — Attorneys for former HealthSouth CEO Richard Scrushy asked a federal appeals court Thursday to subpoena the computer and e-mail records of some of the jurors who convicted Scrushy and former Alabama Gov. Don Siegelman last year in a government corruption case.

The filing signed by Scrushy's chief attorney Art Leach says the appeal of Scrushy's conviction will partly be based on claims that jurors discussed the case through e-mails and did research on the Internet during the trial in violation of orders from U.S. District Judge Mark Fuller.

Fuller has turned down previous requests by both Siegelman and Scrushy to subpoena the computer and e-mail records of jurors. In the filing to the 11th U.S. Circuit Court of Appeals, Scrushy's attorneys refer to copies of alleged e-mail between jurors that were sent anonymously to attorneys.

The filing says that if the alleged e-mails are found to be authentic, then Scrushy is "entitled to a new trial before a jury that determines his case solely on the basis of evidence properly admitted in court."

Scrushy and Siegelman were convicted of bribery and related charges and were sentenced two weeks ago to lengthy prison sentences — more than seven years for Siegelman, almost seven years for Scrushy.

They shared a cell at the federal penitentiary in Atlanta until Wednesday, when Siegelman was moved to a federal transfer facility at Will Rogers World Airport in Oklahoma City.

The former governor is expected to be tranferred to another federal prison, but his attorneys have said they do not know his final destination.

Heading to Texas prison

In the filing Thursday, Scrushy's attorneys said their client has been designated to be assigned to the federal prison in Beaumont, Texas, about 580 miles driving distance from his home in Birmingham. The Beaumont prison has facilities for low, medium and high security inmates.

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 This material may not be published, broadcast, rewritten or redistributed.

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