Georgia Criminal Defense Blog

Disgraced ex-Alabama governor Don Siegelman had been sentenced for seven years in jail for a 2000 federal bribery conviction. But according to a December 9, 2008 article in the New York Times, Siegelman's lawyers now believe that the conviction can be overturned.

Siegelman's troubles stemmed from an appointment the governor made on behalf of a generous contributor. At the time of trial his case, which was heard by the Eleventh Circuit Court of Appeals, riveted both regional and national political observers. Many Democrats suggested that Siegelman's sentencing over the federal criminal charges had less to do with the merits of the prosecution's case than it did with the fact that the governor was a Democrat. Indeed, this insinuation that the Justice Department had been acting politically provoked a media firestorm.

From the initial comments of Supreme Court justices, it appears that the ex-governor's arguments that his conviction had been politicized will likely not hold much water. That said, Justice James Hill implied that one of the major pieces of evidence against the governor -- an off-the-record conversation with an aide -- may be of dubious value to the prosecution. Lawyers for the ex-governor will likely argue that this conversation was “circumstantial evidence” and as such should not have been allowed or at least not have been weighted as heavily as it was. In addition, some speculate that the defense may argue that one or more of the jurors had been biased against political officials.