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A three-judge panel at the U.S. 11th Circuit Court of Appeals in Atlanta last week rejected a time-sensitive motion by attorneys for Richard Scrushy. However, the panel directed the clerk to schedule the appeal for oral argument. A former judge says that's significant.
Defense attorneys say the "Government continues to defend the district court's inexplicable refusal even to obtain and preserve ...critical computer evidence..."
Saying the granting of Scrushy's motion to the 11th Circuit "would eviscerate the government's ability to prosecute any criminal defendant as well as the public's confidence in the criminal justice system," the government has filed its response to the 11th Circuit motion which asked for subpoenas to preserve evidence related to the question of alleged juror e-mails.