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On the way to sharing the defense table, in a courtroom,
Scrushy and Siegelman have always been on a strange twisting ride that found
them both going in and out and in and out of favor for very different reasons as
both big business and politics are on a rollercoaster when it comes to
perceptions and public opinion. This is particularly true now that the fortunes
of public figures have become a spectator sport on an increasingly media-driven
landscape. And both Scrushy and Siegelman found themselves subjected to external
pressures and crusades that had them answering for things that may or may not
have been their fault, or may or may not have been part of their agenda, or may
or may not have been the end-result of the downside of their meteoric rides and
the high expectations that went with them. In The House of Mirrors, many things
look clear at least for a moment or two, but before the exit is reached, they
refract into multiple images of what may or may not have happened, what may or
may not have been true.
When Bill Massey, Scrushy’s former personal accountant was
found shot to death a couple of miles from his office at the Scrushy compound,
it put a shadow over the case that has lingered to this day. He was supposed to
have been stealing from Scrushy who was supposed to have been stealing from
HealthSouth. There were verified reports that Scrushy’s head of security at
HealthSouth, and confidante, Jim Goodreau had been acquiring weapons, and in the
aftermath of the fraud scandal, after Goodreau had been fired by HealthSouth, he
was kept on by Scrushy who continued to pay his large salary. And coupled with
the seemingly illogic paranoia of people associated with the Scrushy’s and
ex-employees of HealthSouth, of stories about the depths Scrushy would go when
he was cornered or when was confronted with bad news, there have always been
questions about the how far Scrushy’s HealthSouth-era depravity would go, and if
his charisma, that radiated outward from his core supporters, translated into
far-reaching power. But on the other hand, Massey’s death was ruled a suicide, a
plausible end for a thief and an adulterer, and in the mish-mash trial of
Richard Scrushy for fraud, the jurors reached the only logical conclusion in
front of them. The House of Mirrors.
The defense claimed a stunning victory, and it was indeed
masterful in it’s design and execution, but at the same time, the prosecution
could not have assembled a more disorganized team of career prosecutors, who
when they were not busy clashing with the local US Attorney, were making
repeated inept mistakes and annoying Karon Bowdry, a homegrown inexperienced
judge. But in The House of Mirrors, what did the prosecutors have to work with
and how much evidence did they really have on Scrushy? There was no question,
either before the fraud was exposed, during the investigation or in the
aftermath, that the management of HealthSouth was out of control, that the
company was hemorrhaging money; and that the high-level managers were involved
in an elaborate scheme to “borrow” a little money to prop-up their numbers,
money they thought they would be able to put back before anyone noticed. But was
Scrushy, a successful manager of a small healthcare company, delusional and
incompetent when he was riding on the back of the HealthSouth behemoth. And in
the House of Mirrors, did the big-money financiers who were populating the
HealthSouth Board have any responsibility to reign in the out of control
management, or did their obsession with the bottom line and their own
investments give free license to the company to spin out of control. In the end,
it wasn’t clear if Scrushy did it or didn’t do it, but about the only thing that
came into focus was the tag-team brick wall the defense put up to face down the
prosecutions flailing at the air and trying to parlay “Fix it,” into a nearly $3
billion fraud. When his non-conviction flung Scrushy into the same orbit with
Siegelman, the very nature of American justice would be reflected in the
mirrors. Do we put people in jail because we don’t like them, because they are
unlikeable or un-trustworthy, because they made money from a business while
other people suffered losses attributed to out-of-control business practices; or
should jail only be for those whom it can be proved have broken legal statutes.
But which is it anyway? One side or the other side or both?
Ahead of the first trial, there was also the business of
deposed CEO Scrushy joining an African American Church, and subsequently
spreading money around in various local churches. Was this a cynical attempt to
influence the jury by playing the race card in the mostly African-American
community, or was the recently unemployed Scrushy just reintensifying his
earlier faith, perhaps encouraged by his preacher’s daughter wife. This might
have been The House of Mirror’s lightening rod because the possibilities
flip-flop back and forth between the real, the imagined and depraved cynicism.
Scrushy would certainly not be the first to have a jail-house conversion,
accepting Jesus a few ticks after he was caught and facing trial although he may
have been the first to seemingly steep his conversion in a calculated ethnic
choice. But faith is in the heart of the believer. In the four years since he
found solace in the church and became a preacher, he has steadfastly built a
ministry with his wife, and many people would say that his faith is the real
thing. Could it have been both: Initially driven by a utilitarian purpose but
evolving into a heart-felt calling and dreams of a wider ministry?
After his initial church-jumping activities, Scrushy’s
conversion further raised eyebrows when he broadcast religious-themed shows in
both of the markets where he would coincidentally be standing trial, and these
shows were on television stations owned by his son-in-law. Regardless of what
his motivations actually are, some people will always believe that they are dark
and sinister because appearances matter. Even for true believers who squint into
the mirrors, it is hard to ignore appearances or to forget faith-denying
memories that suggest a completely different Richard Scrushy. But both the bible
and history are full of stories of people who took a circuitous route to faith,
and were not only able to perform good works in spite of their past, but were
even able to accomplish great things because of the route they took to the
pulpit. On the other hand, every jail and prison has a share of murders, rapists
and thieves who’s true-belief dates back to their crime or incarceration.
However it was manifested, the nature of Scrushy’s religious convictions and the
timing of his interactions with the African-American churches would be a
backdrop to both of his trials, and would offer either side an easily accessible
fast-track to clarity, either as proof of his goodness or proof of his evil
intentions. But there is also evidence that Scrushy’s involvement with the
African-American churches may have been only part of a deeper but more subtle
plan. Donald Watson, one of Scrushy’s attorneys and his chief legal image-czar
had his finger on the pulse of Alabama sensitivities and the post-OJ/post-CourtTV
methods of American Justice. Scrushy may not have played the race card as much
as he played the Alabama card, and government attorneys Richard Weidis, Colleen
Conry and Richard Smith never had much of a chance in Birmingham. As crystal
clear as it is to some the last three years have proved that nothing is all that
clear in The House of Mirrors.
Whereas Scrushy’s legal team pulled off a masterpiece of
criminal defense, in the fraud trial; when the wheel took another spin and
Scrushy was named in another indictment, it was the DOJ’s turn to execute a
masterstroke. Grafting Scrushy onto the five year odyssey to bring down former
governor Siegelman was a solution to all of the government’s problems. They
could piggy back the public’s angst and anger over Scrushy’s acquittal into a
single case that could: a) [Finally] Get Siegelman; b) Get Scrushy and have the
Middle District of Alabama accomplish what the Northern District had failed to
do; c) Appease a public still seething over Scrushy’s acquittal; d) And if
they’re lucky, have the public ignore the political overtones and the dearth of
evidence in the case, in the Siegelman matter, allowing their sense of justice
and unfinished business to override their beliefs in fairness and the American
System of justice that says we don’t put people in jail because we don’t like
them, believe in them or are otherwise offended by them.
This site has a number of features to cover
the continuing story of the trials from various angles. There is a blog for ongoing daily notes
from the courrtroom, a page of
pictures of HealthSouth and Scrushy’s Birmingham. There are also files that list
the names and companies associated with the three primary cases Scrushy has been
involved in (SEC, fraud trial and bribery trial). On the right
of this page, there are some text links to some of the popular resources, that
can also be found by using the buttons. Feel free to browse the various
resources and keep checking back for developments (especially the aspects that
are not likely to be on the nightly news.) If you have questions or comments,
send email to:
mail. |
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Names, data or information
associated with the three Scrushy cases:
Names in the Scrushy Fraud Trial
Closing Arguments
Witness List
Names in the Siegelman-Scrushy
Trial
Names with political
or financial associations with the State of Alabama
Witness
List (for Siegelman-Scrushy
Names in the SEC
Trial
Evolution of the
SEC case
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