Legal Magazine

U.S. Magistrate Charles S. Coody Screwed up Both the Facts and Law on Canary "recusal" in Siegelman Case

Posted on the 18 May 2015 by Rogershuler @RogerShuler

Don Siegelman

A U.S. magistrate in Alabama clearly lied in a public ruling about his "review" of documents related to prosecutor Leura Canary's supposed recusal in the Don Siegelman case. Now we can show that the same magistrate butchered the applicable law on whether Siegelman and codefendant Richard Scrushy were entitled to discovery on the Canary issue.
The bottom line? U.S. Magistrate Charles S. Coody screwed up both the facts (and lied about doing it) and the law on an issue that is central in the Siegelman case--that the defendants apparently were denied their constitutional right to an impartial prosecutor. In fact, Coody laid the foundation for U.S. District Judge Clay Land's refusal last December to release Siegelman from prison, pending oral argument before the Eleventh Circuit in January. A ruling on that appeal has yet to be issued.
We already have shown how Coody failed to review Canary-related documents because he did not even order them. We also have shown that Coody proceeded to lie about what he had done. While Coody clearly cannot be trusted on matters of fact, he also has problems with matters of law.
For example, Coody denied Siegelman's discovery request largely because the former Alabama governor had "pointed to no prejudice he had suffered as a result of Canary's involvement"--even though Siegelman presented actual evidence, thanks to whistleblower Tamarah Grimes, that Canary failed to abide by her recusal.
What's the problem with Coody's finding? Well, under the law, "no prejudice" is not the proper issue. Coody used the wrong legal standard.
Let's take a brief trip through key legal documents to show where the judge went wrong. This is from Coody's order, dated June 27, 2012:
Siegelman points to no prejudice he suffered as a result of Canary's communications. He provides the court with no credible evidence that the United States Attorney directed, managed, influenced or controlled any aspect of the prosecution of the case.

In this instance, however, Siegelman is seeking discovery regarding Canary's communications--and he does not have to show actual prejudice. The real standard, on a discovery matter, is governed by a case styled Bracy v. Gramley, 520 U.S. 899 (1997). It is a U.S. Supreme Court case that has been cited in many lower-court rulings, including Arthur v. Allen 459 F. 3d 1310 (Eleventh Circuit, 2006). It is grounded in a 1969 U.S. Supreme Court case styled Harris v. Nelson, 394 U.S. 286 (1969).
This is from Bracy, citing the actual standard that governs Siegelman's discovery request:
In Harris, we stated that "where specific allegations before the court show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is . . . entitled to relief, it is the duty of the court to provide the necessary facilities and procedures for an adequate inquiry."

As Siegelman's lawyers showed in an appellate brief, the defendant more than met the standard of providing "specific allegations." That meant Coody had a "duty" to "provide . . . for an adequate inquiry." But he did not do it; in fact, he lied about what he had done.
What does all of this mean for Siegelman's appeal? It shows how easy it would be to get at the truth--assuming the court wants to get at the truth. From the appellate brief:
Here, Siegelman not only provided specific allegations, but also actual evidence, which the Magistrate Judge and Judge (Mark) Fuller ignored, that discovery would have yielded facts supporting his new-trial claim. In addition to the emails showing Canary’s ongoing involvement, Siegelman’s discovery request was supported by Grimes’s letter to the Attorney General, in which she wrote that Canary “directed some action” in the case, made “suggestions” to Franklin, and wrote “all the press releases” issued under Franklin’s signature. . . . The district court could have sought testimony or evidence from Grimes—but did not. Siegelman also pointed to the FOIA suit, which turned up more than 500 pages of responsive documents relating to Canary’s disqualification. . . . The district court could have ordered the government to turn over these documents—but did not.
Most importantly, the district court could have ordered the government to disclose post-disqualification communications between Canary and the prosecution team regarding the Siegelman case—but did not. . . . A simple, targeted email search using terms such as “Leura” and “Canary” with “Siegelman” and “the Big Case” would have quickly answered whether Canary’s ongoing involvement was as extensive as Grimes claimed; if necessary, any responsive emails could have been reviewed in camera. Instead, the Magistrate Judge ordered no Canary-related discovery, based on his conclusion that Siegelman had “pointed to no prejudice he suffered as a result of Canary’s” involvement. . . . But a showing of prejudice is not required for a discovery request, which is proper if the defendant can provide “reason to believe” that his new-trial claim would be substantiated “if the facts are fully developed.” Arthur, 452 F.3d at 1247 (emphasis added). This error alone requires reversal, so that Siegelman’s discovery request can be evaluated under the proper standard. See Koon v. United States, 518 U.S. 81, 100 (1996) (“A district court by definition abuses its discretion when it makes an error of law.”)

Until now, Charles S. Coody has been a relatively unknown player in the Siegelman drama. But we've shown that Coody's errors of fact and law require reversal--and a legitimate inquiry into Leura Canary's recusal.
Will the Eleventh Circuit ensure that Coody's errors are corrected? Or will the appellate court simply try to cover up for him?

You Might Also Like :

Back to Featured Articles on Logo Paperblog

These articles might interest you :

  • Big Food Giants Manipulate Public Health Policy in China

    Food Giants Manipulate Public Health Policy China

    Coca-Cola is at it again. As soda sales decline in the United States and Europe, beverage companies look to emerging economies like China for growth. And, it... Read more

    The 15 January 2019 by   Dietdoctor
    DIET & WEIGHT, HEALTH, HEALTHY LIVING, MEDICINE
  • Jewellery for a Precious You

    Jewellery Precious

    Jewellery is always close to a woman’s heart. It completes her look and boost confidence. Considering the changing trends in jewellery fashion, it becomes... Read more

    The 15 January 2019 by   Dr.jenifer Sayyed
    LIFESTYLE
  • Rajshri Productions’ Next Is A Film On Friendship | Hum Chaar | Trailer

    Abhishek Dixit’s debut feature film Hum Chaar is a Bollywood film made under the banner of Rajshri’s film. Hum Chaar is written and directed by Abhishek Dixit. Read more

    The 15 January 2019 by   Themoviean
    ENTERTAINMENT, MOVIES
  • Saint Paul the First Hermit

    Saint Paul First Hermit

    Today is the feast day of Saint Paul the hermit. This is a sweet and delicate Oatmeal Bread topped with rolled oats and naturally sweetened with agave. Saint... Read more

    The 15 January 2019 by   Veronica46
    FOOD & DRINK, RECIPES
  • Irupathiyonnaam Noottaandu | Teaser | Pranav Mohanlal | Arun Gopy

    Arun Gopy’s Irupathiyonnaam Noottaandu is an upcoming Malayalam action-drama feature film starring Pranav Mohanlal and Zaya David in the lead roles. Read more

    The 15 January 2019 by   Themoviean
    ENTERTAINMENT, MOVIES
  • A Year Of Body Positivity

    Year Body Positivity

    Last January, as I sat there on New Years eve all set to make the same old resolutions I've made year after year for as long as I can remember, I realised how... Read more

    The 15 January 2019 by   Sparklesandstretchmarks
    DIARIES, SELF EXPRESSION
  • Garden Bloggers Bloom Day – Jan 2019

    Garden Bloggers Bloom 2019

    Euphorbia rigidaWhen I went out to take the photos for this blog post I was surprised at how much was in flower dotted around the garden. Read more

    The 15 January 2019 by   Patientgardener
    GARDENING, HOME