BIRMINGHAM, Ala. A federal judge has again decided to give probation rather than prison time to a former HealthSouth executive who admitted falsifying records. U-S District Judge U-W Clemon had to resentence former HealthSouth Vice President Richard Botts today because a federal appeals court ruled that the judge didn't adequately explain himself in an earlier sentencing hearing.
The judge gave Botts the same sentence as before: five years on probation, six months of house arrest and 275-thousand dollars in fines and forfeitures. Prosecutors sought prison time for Botts, but the judge said Botts deserved probation for helping the FBI with its investigation of HealthSouth.Botts' attorney says he's already served the house arrest and paid the fines.This afternoon the judge is scheduled to resentence former HealthSouth finance chief Mike Martin. His case was sent back to Clemon for the same reason as Botts'.