Judge Modifies Scrushy Conditions of Release - WSFA.com Montgomery Alabama news.

Judge Modifies Scrushy Conditions of Release

MONTGOMERY, Ala., April 30, 2007 -- Chief District Mark Fuller is modifying Richard Scrushy's conditions of release.  While Judge Fuller affirmed the order of Magistrate Judge Coody in part he set out modifications to Scrushy's terms of release: (bold items are as presented in Judge Fuller's order)

"4. That the petition to modify Scrushy's conditions of release (Doc. # 536) is GRANTED and that Defendant Richard M. Scrushy's conditions of release be and are hereby MODIFIED as follows:

a. At all times Defendant Richard M. Scrushy shall wear or carry all required elements of an active GPS electronic monitoring device as directed by the United States Probation Office for this district in order to monitor his compliance with the conditions of his release. Defendant Richard M. Scrushy shall not travel to any place where this device cannot monitor his location. Defendant Richard M. Scrushy shall pay the cost of electronic monitoring as directed by the probation officer. (In Judge Coody's order Scrushy only had to wear the GPS when leaving the Northern or Middle District of Alabama).

b. Defendant Richard M. Scrushy's travel is restricted to the Northern District of Alabama and the Middle District of Alabama. Defendant Richard M. Scrushy shall not leave the counties that make up the Northern District of Alabama and the Middle District of Alabama without first obtaining approval from a judicial officer of this Court. This means that prior to travel outside the Northern or Middle Districts of Alabama, the defendant shall submit for approval by the Court a detailed, written itinerary that shall indicate precisely where Scrushy will be at all times during the time he is out of the Northern or Middle Districts of Alabama.

The details in this itinerary must also include the means by which Scrushy will be traveling, including flight numbers and airlines if he is flying, and the street addresses and telephone numbers for the locations he will be visiting. If Scrushy is granted leave to travel outside of the Northern or Middle Districts of Alabama by the Court, Scrushy shall not deviate from his approved itinerary without prior approval from a supervising probation officer.

Scrushy shall not be permitted to travel on any airplane that is not owned and operated by a commercial airline. During approved travel outside of the Northern or Middle Districts of Alabama defendant shall not personally use any non-commercial means of transportation except for an automobile or similar vehicle.

c. Defendant Richard M. Scrushy shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer."

Richard Scrushy told me that he had not read the judge's order but that,"We'll adhere to whatever the judge says.  I'm not a flight risk.  We filed several motion showing problems with this case and I'm hoping the truth will come out.  I think the prosecutors were out of line.  I've never violated any of the rules.  I don't have a problem with that at all.  We'll do as requested.  We'll follow the order 100%.  I believe God will vindicate us over time.  I'm not going anywhere.  I've got nine reasons - my children. and a 10th, my wife."

The government had appealed the decision of Magistrate Judge Coody and asked that Judge Fuller detain Scrushy pending sentencing.  Fuller said in his order that the evidence presented by the government at the evidentiary hearing did not meet the standard of clear and convincing evidence that Scrushy had violated any other conditions of release (Scrushy was not said to have committed a crime on release which is the other standard) or that there were no conditions or combination of conditions which will assure Scrushy would not flee. 

"This Court affirms Chief United States Magistrate Judge Coody's finding that the evidence presented at the April 9, 2007 hearing did not meet this standard.  Indeed, upon a careful review of this matter, the Court finds that with respect to the revocation issue, the Magistrate Judge's factual findings are supported and the Magistrate Judge's legal conclusions are correct."

Reported by:  Helen Hammons

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