Judge Denies Scrushy/Siegelman Motions for Acquittal

Judge Mark Fuller has denied the motions for judgments of acquittal made by former Governor Don Siegelman and businessman Richard Scrushy.

In his opinion District Judge Mark Fuller says the following:

"The test in considering a motion for judgment of acquittal is whether, viewing all evidence in the light most favorable to the Government and drawing all reasonable inferences from the evidence and credibility choices in favor of the jury's verdict, a reasonable trier of fact could find that evidence established guilt beyond a reasonable doubt...Put another way, to challenge a jury's guilty verdict on the grounds of insufficiency of the evidence, it must be established that "no reasonable jury could have found Defendant guilty beyond a reasonable doubt on the evidence presented."  United States v. Ruiz, 253 F.3d 634, 639 (11th Cir. 2001)  The evidence may be sufficient even when it does not "exclude every reasonable hypothesis of innocence or [is not] wholly inconsistent with every conclusion except that of guilt," because a "jury is free to choose among reasonable constructions of the evidence."  United States v Peters, 403 f.3d 1263, 1268 (11th Cir. 2005)

Acting U.S. Attorney Louis Franklin's only comment was "We expected the ruling that we got."

Scrushy attorney Terry Butts initially had no comment about the ruling but issued a statement through a Scrushy spokesperson:  "There are still a number of different motions the Judge has yet to rule on, and we are confident that Richard Scrushy will yet be vindicated."