Scrushy Legal Team Files Motion for New Trial Based on Newly Discovered Evidence

Witness manipulation, withholding of evidence, and egregious selective prosecution outlined in motion

MONTGOMERY, Ala., June 26 /PRNewswire-USNewswire/ -- Attorneys for Richard M. Scrushy today filed a motion for a new trial based on newly discovered evidence. According to the motion, much of the new evidence relates to the U.S. government's key witness and should have been turned over to Scrushy's defense team at the time of his trial on bribery charges in 2006.

"The material at issue is Brady material which the law and the Constitution require be provided to the defense," said Scrushy's attorney Arthur Leach. "The fact that it was not strongly suggests a pattern of prosecutorial misconduct by the U.S. Department of Justice similar to what was revealed in the trial of former U.S. Senator Ted Stevens."

Mr. Scrushy, along with former Alabama Governor Donald Siegelman, was convicted on bribery and corruption charges on June 30, 2006. Both Mr. Siegelman and Mr. Scrushy are appealing their convictions to the United States Supreme Court.

In the motion, Scrushy's attorneys note that the government's case relied almost exclusively on the testimony of one key witness, Nick Bailey. Evidence has now surfaced that government attorneys and investigators met repeatedly with Mr. Bailey (as many as 70 times) in an effort to improperly shape his testimony, according to the motion.

"We made a specific motion for information relating to the preparation and prior statements of Nick Bailey," said Mr. Leach. "The government reported back to the court that no such evidence existed. We now know that representation was false."

In a sworn affidavit in support of the motion, whistleblower Tamarah Grimes, who was part of the U.S. Attorney's legal team during Mr. Scrushy's trial, expresses serious concerns over the actions of Assistant U.S. Attorney Stephen Feaga in preparing Mr. Bailey to testify at trial. Ms. Grimes has now shared those concerns directly with U.S. Attorney General Eric Holder, according to the motion.

"This is one of the most egregious examples of withholding evidence, witness manipulation and prosecutorial misconduct I have ever seen," said Mr. Leach. "Much like the Ted Stevens case, the prosecutors in my client's case simply ignored the truth and their legal obligations to produce evidence in order to win a politically-motivated conviction."

Scrushy's attorneys said that in addition to the U.S. District Court ordering a new trial, they have requested U.S. Attorney General Eric Holder to undertake a full review of the handling of the Scrushy case, as he did in the Stevens trial.

Read the full motion here: www.richardmscrushy.com