http://www.wsfa.com/global/story.asp?s=8081985Siegelman Wins Release; Reactions VaryUpdated: March 27, 2008 10:16 PM EST
For the first time in more than nine months, former governor Don Siegelman is about to walk free from a Louisiana federal prison.
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Thursday,
two judges on that bench ordered Siegelman's release, saying he isn't a flight risk, and his appeal raises 'significant questions of law.'Siegelman's attorneys watched as the appeals court sent the case back to Judge Mark Fuller twice, asking him to defend his decision to jail the former Governor while the appeal went forward.
"It's so overdue," said Siegelman attorney Susan James. "It's certainly very promising to us, because we are absolutely convinced we are right and it could have happened nine months ago."Siegelman's lawyers have pounded away at the theory the case was politically motivated, and gained a lot of ground in national media.
But there are big strikes against him as well.
Siegelman's closest aide, Nick Bailey, provided what many say was the key testimony to convict. He pleaded guilty to similar charges and is halfway through an 18 month sentence.
"You're put in these positions of incredible power and very little oversight," Bailey said in 2007.
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"He could walk home and he probably wouldn't mind doing that," said Susan James.
Siegelman's attorneys say he was completely surprised with the decison when told Thursday night. The next step is to get certified copies to the Louisiana prison so they will unlock the doors to Siegelman's cell. What does the decision mean?
University of Alabama political scientist William Stewart says Siegelman may never go back to prison. Stewart believes if a Democrat wins the presidential election, Siegelman will likely receive a pardon. Alabama's Democratic party applauded the court's decision.
In a released statement, executive director Jim Spearman said "This is the correct step that should have been taken many months ago by Judge Fuller. Fortunately, the 11th Circuit is righting this wrong."
Party chairman Joe Turnham also called for the U.S. Attorney General to conduct an independent investigation of what he called political prosecutions.
Alabama Republicans dismissed the court's action, saying they were disappointed with Siegelman's release.
Party chairman Mike Hubbard said Siegelman's release pending appeal "...does not change the conviction by a jury of his peers. It would be premature to turn this development into anything other than a formality."
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A committee spokeswoman says Siegelman might go before Congress in early May. Michigan Democrat John
Conyers asked for Siegelman, saying lawmakers are not getting much information elswhere including the Justice Department. MORE