Springfield lawyer may play role in Siegelman case

A 2003 affidavit filed by Springfield, MO. attorney Paul Benton Weeks regarding Federal Judge Mark Fuller may play a role in the investigation of wrongdoing regarding the prosecution of former Democratic Alabama Governor Don Siegelman. Fuller was the judge in the Siegelman case and was also the judge in case filed by Weeks. In a story written by Scott Horton for Harpers, Weeks stated he did a routine check on Fuller to see what type of judge would be handling the case. Weeks stated, "I was astonished by what I found,” and that immediately after the papers were filed, Weeks said that Fuller was removed as the judge handling the case.

According to Horton, Week's affidavit accuses Fuller of,

• engaging in criminal conduct both before and after he came on to the bench. The charges include perjury, criminal conspiracy, a criminal attempt to defraud the Retirement System of Alabama, misuse of office as a District Attorney, and an obstruction of his background check by the FBI in connection with the review of his appointment by President Bush to the bench.

What does this have to do with the Siegelman case? Horton writes;

• This means that at the time that Fuller was presiding over the prosecution of former Alabama Governor Don E. Siegelman, a prosecution brought by Noel Hillman’s Public Integrity Section, he was or should have been the subject of an investigation by the Public Integrity Section. This presents a further appearance of serious impropriety both by Judge Fuller and by the prosecutors handling the case. Our earlier study of Fuller showed that he had three disqualifying conflicts: his undisclosed service on the Executive Committee of the Alabama G.O.P. at the time that it was running campaigns against Siegelman; his suggestion that Siegelman was responsible for “politically motivated” attacks on him in connection with his bookkeeping practices as a district attorney; and his business interests which are tied up almost entirely with U.S. government contracts.

Weeks told Horton that no one from Hillman's office had contacted him in regard to the allegations he raised. One other interesting note; when Siegelman was sentenced Fuller failed to rule on a motion to release Siegelman pending his appeal. The Court of Appeals ordered Fuller to rule on the motion and when he did the Court of Appeals said his order was not sufficient. Fuller eventually issued a 30 page order denying Siegelman's request, however, Siegelman still can't appeal the case. Fuller's court has still not prepared a transcript of the trial which concluded over 20 months ago. The transcript is supposed to be prepared within 30 days of sentencing.