June 28, 2007

Downward departure and other motions of the morning

MONTGOMERY, Ala.—Siegelman’s attorney, Susan James, began the morning’s proceedings by addressing her client’s request for downward departure.

It took a little digging, but I found this definition for the term on USLegal.com:

“Downward departure is a term used in criminal law to refer to departing downward from the applicable sentencing guideline range for a statutory minimum sentence. A request for downward departure is typically made by motion and is often referred to as a downward motion. For example, a downward motion may be made by a prosecutor for a defendant who has provided “substantial assistance in the investigation or prosecution of another person who has committed an offense.”

James is basing her motions on a few factors. First, the impact Siegelman’s numerous legal proceedings have had on his employment opportunities and practices.

Secondly, she discussed Siegelman’s vulnerability in prison due to his tough position on crimes of violence while he held various government offices. According to James, Siegelman passed some of the most anti-crime legislation ever passed in the state while he was attorney general, lieutenant governor, and governor of Alabama, which has, as you might’ve guessed, made him pretty unpopular around the cell block (my words, not hers, obviously). James also talked about the inclination to send convicted criminals to prisons outside of their home region. She said that if Siegelman were to be sent away to prison OUTSIDE of the Southeast, that would be an additional punishment.

Basically, James summed up her opening arguments by stating that Siegelman doesn’t need 10 years in prison to deter him from criminal conduct, and that he appointed Scrushy to the state hospital board because he felt Scrushy was the best person to serve.