The Siegelman-Scrushy-Hamrick-Ro

The Siegelman-Scrushy-Hamrick-Roberts case as of May 26.

The charges and acts are listed in the order of the indictment, with the exception of the four acts listed below the red line. The items below the line do not map to specific charges, in and of themselves, but were alleged to be benefits given to Lanny Young in exchange for the gifts listed under the "Gifts from Lanny Young" section. These benefits to Young were supposed to have come about as a result of the conspiracy, what Nick Bailey called the "absolute agreement," that was alleged to have existed between Paul Hamrick, Lanny Young, Nick Bailey and Don Siegelman.

Allegation	Major Witnesses and affected counts/charges	Prosecution's Case	Defense's Reply
The Scrushy Bribe-for-CON Board seat	Nick Bailey, Mike Martin, Loree Skelton Counts: RICO charges for Siegelman (extortion, bribery, money laundering, mail fraud). Bribery, aiding and abetting bribery, and conspiracy for both Siegelman and Scrushy.	Bailey says he was present before and after a meeting that Scrushy had with Siegelman. After the meeting, he says that he saw Siegelman with a check for $250,000 and Siegelman told him "He's half way there." Bailey also said that Eric Hanson, the HealthSouth lobbyist, told him that Scrushy wanted the CON Board seat for the $500,000	Scrushy's team disputes the date of the meeting and has presented evidence that Siegelman could not have the check on the day of the meeting. They question the reliability of Nick Bailey and that there was no eye witness to this meeting. They will introduce evidence that HealthSouth gave large contributions to other charities and even to the Siegelman inauguration fund. The defense will also likely dispute some of the other facts of this meeting, including Bailey's version of who was in attendance.
Revenue ruling (for the Emelle waste dump)	Lanny Young, Wade Hope Counts: Siegelman's 2nd RICO-racketeering Act 2. Mail and wire fraud charges.	There was ample evidence that the ruling happened, and that it cost the state money, but there was virtually no direct link to Siegelman or Hamrick. It was not even clear how Lanny Young influenced this decision, but only that he was paid $500,000 because of it. The only evidence appeared to be that because Young and Siegelman had an agreement, Siegelman must have done something to cause it. But they offered no direct evidence that this is what happened.	That although Commissioner of Revenue Jim Hayes and Directory of Finance Henry Mabry, Siegelman appointments, were involved in passing the revenue ruling, there was no evidence that Siegelman was involved in getting the ruling changed.
Gifts from Lanny Young to Siegelman (directly and indirectly)	Lanny Young, Nick Bailey Counts: RICO counts- racketeering Act 2	Young said he gave airplane rides, an ATV, a motorcycle, campaign contributions of merchandise and cash totaling $204,200 to Siegelman; and he also gave $20,000 to Nick Bailey, $46,000 to Hamrick. And that these gifts caused the Sunday beer sales at Talladega to be passed, the revenue ruling to be passed in favor of the waste dump, the award of the construction management contract to Young in the GH construction situation, the influencing of the Cherokee County landfill vote and the influencing of the awarding of tax-free bonds.	This entry will only address the gifts, and this chart will have separate entries for the GH Construction project, the Talladega ruling, the Cherokee County landfill ruling, and the Emelle Chemical Waste dump revenue ruling. The defense raised some issues on the gifts that could sow the seeds of doubt: 1) The cost and the number of shirts and hats are based on estimates by Young, and there is no way to verify these figures. This is also coupled with the defense raising the issue of Young's solvency at the time he was supposed to have made these gifts. 2) The money he was supposed to have given has the same problem. There is no way to verify the amounts and times he was supposed to have given things to Hamrick. 3) All of the gift-giving which hinges back to the issues listed above are contingent on the jury believing in Bailey's and Young's story about the "agreement" they were said to have had with Siegelman and Hamrick. A lot is riding on the believability of this agreement, and it is a weak link in the prosecution's case. It is not clear that Hamrick and Siegelman even knew about this agreement.
Paul Hamrick giving check to Lanny Young	Lanny Young Counts: RICO.counts-racketeering Act 3. Obstruction of justice.	Young says Paul Hamrick gave him a check for $3,000 to cover up some money that Young had given to Hamrick. He said that Hamrick said it was for a stock deal, but that he was not owed any money.	The defense said the Hamrick did owe Young some money. This will wind up being a believability of Young vs. Hamrick issue, and will likely end up being tied to how well the jury believes or doesn't believe the other charges.
Don Siegelman giving check to Young for the motorcycle	Lanny Young, Nick Bailey Counts: RICO counts- racketeering Act 4. Obstruction of Justice.	Bailey wrote a check to Young for $10,503.39, which was supposed to be for the motorcycle plus interest, as noted on the check. But Young said it was just to cover up the gift he had given, which would have constituted a bribe per the Young/Bailey "agreement." Siegelman was also supposed to have had Bailey write a check to himself for the balance due on the bike.	The defense contends that Bailey really was buying the bike. The also mention that he apparently bought insurance for the bike, and that Siegelman did not want the motorcycle because his wife had objected to his purchase of it. Young testified that although he felt the check was wrong and illegal, he went cashed it on the advice of his attorney. They also point out that this motorcycle was offered to Siegelman for free, by the Honda Corporation.
Don Siegelman demanding $40,000 from Jimmy Allen, and telling Allen that he will be able to pick the next ALDOT director.	Jimmy Allen Counts: RICO counts- racketeering Act 5 Extortion, money laundering and mail fraud.	According to Allen's testimony, Siegelman yelled at him and demanded $100,000. When Allen balked at the figure, it was reduced to $40,000 with the promise that Allen would get to pick the next ALDOT director. Allen said that he feared his business would be hurt if he didn't go along.	Allen never actually got to pick the Highway Director. His choice was Ray Bass, but Siegelman picked his employee, Mac Roberts, instead. Allen also testified that although he signed an immunity agreement, with the government, he didn't think he did anything wrong, which would presumably include bribing the government and corruptly picking the ALDOT director. According to Allen, Roberts and Siegelman received no direct benefit from this arrnagement.
Don Siegelman demanded $250,000 from Mac Marcato with the threat of hurting his business interests. in the state	Counts: RICO counts- Racketeering act 5\ Extortion	This one hasn't come up in the trial yet.	This one hasn't come up in the trial yet
Don Siegelman and Mac Roberts corruptly influenced road projects.	Counts: RICO counts- Racketeering Act 5 Extortion, Mail fraud, money laundering	This one hasn't come up in the trial yet.	This one hasn't come up in the trial yet.
GH Construction Project	Nick Bailey, Lanny Young, Bill Blount, Fred Simpler Counts: RICO counts- racketeering Act 2	This circumstances of this situation falls under the agreement Bailey and Young had with Hamrick and Siegelman. The prosecution was able to show that Lanny Young stood to gain over 12% on a no-bid contract when the going rate was about 5%, and he didn't have any credentials that would qualify him for this contract.	Besides appointing Nick Bailey to be acting head of ADECA, the prosecution did not show any direct link between Siegelman and Bailey or Young, in putting together this deal or executing the contract.
Emelle Waste dump	Lanny Young, Loretta Nelson Counts: RICO counts- racketeering Act 2	This circumstances of this situation falls under the agreement Bailey and Young had with Hamrick and Siegelman. The prosecution showed the revenue ruling was awarded, and that Lanny Young benefited from it. This is also covered above, under the RICO count.	There were no direct links or evidence that tied Siegelman or Hamrick to this situation. The prosecution is again relying on the Bailey-Young "absolute agreement."
Talladega Sunday beer sales	Lanny Young Counts: RICO counts- racketeering Act 2	Young said that he asked Siegelman about getting the ban on Sunday beer sales at Talladega changed, when he was Lt. Governor, and it got changed.	The defense showed that there was nothing illegal about this legislation, and that it passed by a 17-8 majority, with bi-partisan support.
Cherokee County Landfill	Lanny Young, Philip Jordan Counts: RICO counts- racketeering Act 2	Judge Philip Jordan said that after he was bribed by Young, he told Siegelman to "light a fire" under Young to address "unfinished business" and that he subsequently got checks from Young. He also said that Siegelman said he could make good things happen in his county.	There was no evidence or testimony of any direct involvement of either Hamrick or Siegelman in the Cherokee County situation, with the exception of some oblique references Jordan said he made to Siegelman or that Siegelman made to him. Jordan also said that he did not need to take any action to get the County Commission to return the favorable ruling Lanny Young wanted.