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Siegelman's Attorneys Ask Appeals Court For Release

Don Siegelman's attorneys are trying again to get the former Alabama Governor released from prison pending appeal, this time based on an unusual issue we reported well before the mainstream media would raise the issue.

Attorneys filed papers Monday with the 11th U.S. Circuit Court of Appeals in Atlanta citing a horrendous delay in the trial transcript and U.S. District Judge Mark Fuller's failure to provide the appeals court solid, legal reasons for denying Siegelman an appeal bond.

The appeal of Siegelman's conviction on bribery and obstruction of justice charges can't go forward without a transcript of the 10-week trial that was concluded more than a year ago, in 2006. And Judge Fuller has so far refused to comply with an order of the appeals court to submit a detailed, written response on why he should not be released like every other white collar defendant while the case of his appeal is heard.

"Governor Siegelman's continued confinement, pending appeal, coupled with the trial court's continued refusal to provide any legal explanation for incarcerating Governor Siegelman on appeal, has denied Gov. Siegelman's constitutional right to due process," his attorneys argued in court papers, according to the Associated Press and other news organizations.

The trial transcript was delayed by the death of court reporter Jimmy Dickens in August, according to reports, and court reporter Risa Entrekin asked the 11th Circuit in November to extend the deadline for completion to March 31, citing her workload and the size of the transcript. Fuller said last month he expects a completed transcript by Jan. 31.

Attorneys for Siegelman said Monday they understand the unusual circumstances but the delays do Siegelman no good.

"When you've got a client in prison, and it's been six months with no explanation for why he's sitting there - the way to eliminate that issue entirely is to let him out," attorney Vince Kilborn told the Mobile Press-Register.

Siegelman's Attorneys Ask Court to Release Him on Appeal

Due to the clearly political nature of Siegelman's prosecution, which has been shown over and over again by news organizations with more investigative power and objectivity than the conservative, monopoly newspapers in Alabama, this request should get a quick and favorable ruling from the three-judge appeals court panel in Atlanta, legal sources say.

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