A couple of Alabama stories in the news:
Judge Mark Fuller has ruled that Don Siegelman will not have to pay $181,325 restitution based on a charge for which he was acquitted. The judge also refused prosecutors’ request that he increase Siegelman’s prison sentence if the restitution order was reversed. He’s apparently decided that, while he’s permitted to consider acquitted offenses when determining a prison term (a concept I find really frightening in general), he can’t consider them for restitution.
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The judge who is scheduled to preside over the trial of former Secretary of State Nancy Worley has postponed the proceedings for a few days because of a schedule conflict and questioned the statute that AG Troy King used to bring felony charges against Worley, calling it overly broad and vague. Worley’s legal team expects the judge to dismiss five felony counts, leaving five misdemeanor charges in place.
The misdemeanor charges stem from a section of state law that says a state officer or employee may not solicit a campaign contribution “from other employees who work for the state officer or employee in a subordinate capacity.” A violation is punishable by a $2,000 fine and a year in jail. [Worley attorney] Hobbs said he had no problem with Worley being prosecuted under that part of the law.
The felony charges stem from another part of the same section of law, which says, “No person shall attempt to use his or her official authority or position for the purpose of influencing the vote or political action of any person.” A violation is punishable by a $10,000 fine and two years in prison.
Hobbs said that under the section, a state official could face a misdemeanor charge for asking a subordinate for a $50,000 campaign contribution but face a felony charge for asking someone to put up a yard sign.
“There’s something just inherently illogical and wrong about that,” Hobbs said.
I’m not a big fan of Nancy Worley, but I think he has a point. Prosecutors had little to say in response to the judge’s comments. “We’re going to go with what we’ve got,” said Assistant AG Ben Baxley. Will Troy King end up with egg on his face — again? If this case falls apart, it may end up on Dan’s list of Troy’s Greatest Hits.