June 27, 2007

Hernandez addresses Scrushy’s acceptance of responsibility

MONTGOMERY, Ala.—Carmen Hernandez, attorney for former HealthSouth CEO Richard Scrushy, addressed Scrushy’s acceptance of responsibility before Judge Fuller recessed for lunch.

Hernandez stated that Scrushy never denied making the two payments of $250,000 each to former Alabama Gov. Don Siegelman and that because those payments were considered a political donation, they didn’t constitute a violation of the law. Last year, however, a jury found otherwise, and decided that the money was a bribe in exchange for a seat on a state hospital board. Hernandez was adamant in reiterating that the money was a political contribution and nothing more. She said that Scrushy gave money to Siegelman’s opponent and contributed to his campaign in an effort to “mend fences.” She stated that the argument was not made to Scrushy’s probation officer, but that it was “one item I would ask the court to consider.”

Hernandez went on to state that she feels the acceptance of responsibility guideline itself is flawed to the extent that it takes into account loss, insofar as all the facets of the law is concerned, but it doesn’t take into account familial circumstances, charitable contributions, and other factors that could affect the decision of whether or not Scrushy has, in fact, accepted responsibility in the eyes of the law.

Hernandez stated that she realizes that the sentencing guidelines cannot take into account every possible permutation of the law, but that she wanted to make sure that the punishment does justice, but isn’t greater than necessary.