Letter confirms review of Siegelman prosecution

By JAY REEVES
Associated Press Writer

Published: July 8, 2008

BIRMINGHAM, Ala. (AP) _ A lawyer said Tuesday he wants a Justice Department review of the prosecution of former Gov. Don Siegelman to focus partly on the reasons a federal prosecutor in Montgomery stepped aside from the case.

Siegelman attorney Vince Kilborn said he would make the suggestion in response to a letter from the Office of Professional Responsibility confirming it was probing allegations that the case against Siegelman “was selective and politically motivated.”

The letter, which arrived Monday, was the agency’s first official communication about the probe, he said.

Kilborn said the office, an arm of the Justice Department, should seek documents regarding a decision by U.S. Attorney Leura Canary — a GOP appointee — to recuse herself from the prosecution of Siegelman, a Democrat. Canary’s husband, William, leads the Business Council of Alabama and has been a Republican political consultant.

Investigators also should look into who was behind the decision to go after Siegelman, Kilborn said.

“One of the things we’re going to suggest is that there are a massive amount of documents that we don’t have access to,” Kilborn said.

Siegelman supporters claim former White House aide Karl Rove and William Canary were both improperly involved in the case, a claim denied by Laura Canary’s office.

Her office referred a message seeking comment to the Justice Department, which declined comment. The prosecutor stepped aside from investigations into Siegelman six years ago, denying any conflict of interest but saying she was acting “out of an abundance of caution.”

The House Judiciary Committee has subpoenaed Rove to testify about whether the White House was improperly involved with the Justice Department in cases including the Siegelman prosecution.

The Siegelman defense team failed in past attempts to get access to what it said were more than 500 pages of documents about Canary’s decision to step aside from investigations into Siegelman and state government in 2002.

Siegelman and HealthSouth Corp. founder and CEO Richard Scrushy were convicted in 2006 in a state bribery scheme and sentenced to prison. The 11th U.S. Circuit Court of Appeals freed Siegelman from prison while he appeals, but Scrushy was considered a possible flight risk and remains in custody.