When we last examined Alabama’s criminal justice system
(here
and here),
several public officials had been indicted for allegedly misusing
the public trust.
So far, jurors in Birmingham have found eight people and
companies guilty of offering bribes to public officials to win
$500,000 in no-bid contracts in Jefferson County’s $3 billion sewer
project. Only one public official, Chris McNair, was convicted in
this phase of the trial for taking bribes, ranging from cash to
lucrative gifts. Five other public officials or contractors had
previously pled guilty to testify against the others.
A former Jefferson County Commissioner who oversaw the sewer
project, McNair was convicted on one count of conspiracy and ten
counts of receiving bribes. His indictment had shocked the
Birmingham community. A small business owner, McNair was considered
a conscientious public official who never exploited what everyone
knew: he was the father of a little girl killed in the in the 16th
Street Baptist Church bombing in 1963.
Federal judges are not bound by Alabama’s mandatory minimum law,
which would result in prison time. McNair is 80 now and it is not
likely he’ll be jailed, but fines and restitution are likely.
The winner at this stage of the trial is U.S. Attorney Alice
Martin. The clear loser so far is Doug Jones, who defended McNair.
A Bush appointee, Martin replaced Jones as U.S. Attorney.
Ironically, Jones prosecuted the now elderly men who bombed the
church and killed Denise McNair and the three other little
girls.
Three retired sewer managers who are accused of taking bribes
and the contractors who are accused of giving them money under the
table are yet to be tried. Before the alleged bribes, it was
estimated Jefferson County’s sewer project would run about $1
billion. Now not only has the project cost tripled, so have sewer
rates.
Down in Montgomery, the corruption trial has started for former
Alabama Governor Don Siegelman, his chief of staff and a cabinet
official. Siegelman has been indicted for taking campaign
contributions and gifts for doing favors, including accepting
$500,000 from former Health South CEO Richard Scrushy in return for
a seat on the board that makes decisions about hospital
equipment.
Scrushy had previously been acquitted of cooking the books at
HealthSouth. Always a big donor in the predominantly white
community where he lives, Scrushy is finding fewer willing to
accept his gifts now. He has built bridges to the black community
and recently added Fred Gray to his defense team. Gray represented
Montgomery bus objector Rosa Parks in 1955.
Amazingly for someone on trial for extortion, bribery and
obstruction of justice, Siegelman is still a candidate in the June
6 Democratic primary. The trial might not be over by then.
A Mobile Register/University of South Alabama poll
taken before the trial began showed Lieutenant Governor Lucy Baxley
leading Siegelman 38 percent to 35 percent among likely Democratic
voters, with 27 percent undecided. Siegelman leads overwhelmingly
among poorer citizens, African Americans and those for whom high
school is the highest level of schooling. Baxley leads among whites
and those with education beyond high school. Not surprisingly,
Siegelman trails Baxley badly in fundraising.
Siegelman maintains he is the victim of Republican prosecutors
trying to harm his candidacy. His attorney has said that the
prosecution is based on crooks and thieves. Yet they include a
former Siegelman aide and a donor.
In principle, a Siegelman acquittal could catapult him to
primary victory. He has had weeks of free media exposure and his
name identification is almost 100 percent. Siegelman could tap into
Democratic hatred of President George W. Bush.
In reality, though, polls show incumbent Republican Governor Bob
Riley beating Siegelman easily, with a narrower lead over Baxley.
If there really were a Republican conspiracy, the Siegelman trial
would not have started until after the November election.
