Prosecutors ask for longer sentence for Siegelman

MONTGOMERY, Ala. (AP) — Federal prosecutors want former Alabama Gov. Don Siegelman to serve a much longer sentence than he originally received in a federal government corruption case, even though an appellate court has thrown out two of the charges against him.

The prosecutors have sent a letter to federal probation officers recommending that Siegelman be sentenced to 20 years in federal prison when he receives a new sentencing hearing in federal court in Montgomery. Siegelman was originally sentenced to more than seven years in prison for his 2006 conviction for bribery, obstruction of justice and other charges.

The letter was also sent to Siegelman’s attorneys. The Associated Press obtained a copy of the letter Tuesday.

“It’s evident that this team of prosecutors are biased and hell-bent to uphold this conviction and try to punish me as much as they can,“ Siegelman said Tuesday in a telephone interview.

A spokeswoman for the U.S. Justice Department, Laura Sweeney, said prosecutors would have no comment because the letter to probation officers had not been filed publicly with the court.

A three-judge panel of the 11th U.S. Circuit Court of Appeals in March upheld much of Siegelman’s conviction, but threw out two mail fraud counts.

Siegelman’s attorney, Vince Kilborn, said Friday it’s “laughable” for prosecutors to recommend a tougher sentence than the former governor received before two of the charges he was convicted of were dismissed.

“It’s a continuation of government overreaching in this case,“ Kilborn said. “Obviously since two felony counts were dismissed by the 11th Circuit, his sentence should be reduced.“

Siegelman, a Democrat, has claimed that his prosecution was politically motivated by the Justice Department under former Republican President George Bush.

Another of his attorneys, Susan James, said prosecutors based their request for a tougher sentence partially on charges that Siegelman was acquitted of in his trial and on the two mail fraud counts thrown out by the appellate court.

Siegelman said Tuesday he wants the administration of President Barack Obama and the Justice Department to replace Middle District of Alabama U.S. Attorney Leura Canary and prosecutors involved in his conviction. Siegelman has claimed that Canary was biased because her husband, Bill Canary, is a Republican operative and was a supporter of Republican Gov. Bob Riley when he ran against Siegelman in 2002.

“I just need a level playing field,“ Siegelman said.

Canary has said she recused herself from the case. She declined to comment Tuesday.

Siegelman and former HealthSouth CEO Richard Scrushy were convicted in 2006 in what prosecutors said was a scheme where Siegelman appointed Scrushy to a hospital regulatory board in exchange for Scrushy arranging $500,000 in contributions to Siegelman’s campaign for a statewide lottery.

Siegelman was released last year on an appeal bond after serving nine months of his sentence. Scrushy has served almost two years of his almost seven-year sentence at the federal penitentiary in Beaumont, Texas.

The letter to probation officers signed by chief prosecutor Louis Franklin says Siegelman’s sentence should be enhanced partly because he was a leader of the scheme to get Scrushy a seat on the Certificate of Need Review Board.

“The evidence at trial established that defendant Siegelman exercised decision making authority throughout the execution of this criminal activity,“ the letter said.

Copyright 2009 The Associated Press.