Scrushy files for reversal
Posted by Kim Chandler -- The Birmingham News June 04, 2008 7:40 AM
MONTGOMERY -- HealthSouth founder Richard Scrushy asked the 11th Circuit Court of Appeals to throw out his conviction in a government corruption case, arguing there was insufficient evidence to convict him and jurors improperly communicated by e-mail.
Scrushy's lawyers filed the 116-page brief with the appellate court late Monday.
"We are optimistic that the 11th Circuit will give us an acquittal, or in the least, a new trial after they hear our appeal," Scrushy lawyer Bruce Rogow said in a prepared statement. "There are many problems and issues in the trial before the district court, any of which should lead the 11th Circuit to reverse Mr. Scrushy's conviction."
Scrushy's attorneys argued that the trial judge failed to investigate evidence of juror misconduct, e-mails the attorneys obtained that appeared to be between jurors discussing the case.
The lawyers wrote that the e-mails among the four jurors, if authentic, show that at least four conducted deliberations outside the presence of other jurors, creating a more than trivial concern for the defense.
More:
http://blog.al.com/spotnews/2008/06/scrushy_files_for_reversal.html