In its response to the Siegelman/Scrushy motion, prosecutors state:
The Conyers Report itself acknowledges that the only other parties who should have firsthand knowledge of these allegations-Rob Riley, Bill Canary, and Terry Butts, as well as another person present with Riley on November 18, 2002, Matt Lembke-have all denied Simpson's accusations including that such a phone conversation ever occurred, in sworn affidavits submitted to the House Committee.
In fact, Bill Canary presented no sworn statement to the House Committee. Riley, Butts, and Lembke did present affidavits, but they did not deny Simpson's allegations or that a phone call took place.
Here is how we characterized the Riley/Butts/Lembke affidavits in a post dated October 23, 2007:
All three affidavits have a fair amount of what I would call "hedge" language in them--
Riley
"I have no memory of being on a phone call . . ."
"I do not believe a phone call occurred . . ."
"I do not believe that I have ever met or spoken with Judge Mark Fuller . . ."
Butts
". . . nor do I recall, any conference call occurring with Ms. Simpson . . . "
"As I recall, none of us were ever outside each other's presence on that day . . . "
"Again, I neither recall any such call, nor do I believe any such call/conversation . . . ever took place."
Lembke
"I do not recall the phone call that Ms. Simpson claims took place between her . . . "
"I do not believe that I was out of Justice Butts' and Rob Riley's presence for 11 consecutive minutes . . . "
So is the government's statement accurate--that four key people denied Jill Simpson's allegations and denied that a phone call even took place? Again, not even close.
To use blunt language, federal prosecutors resort to repeated lies in their efforts to prevent a new trial in the Siegelman/Scrushy case. And the lies are not related to an arcane, minor element of the case. The false statements pertain to the Siegelman/Scrushy claims of a selective prosecution--the very heart of the matter.
The government notes that the two essential elements of such a claim are: (1) Discriminatory effect (a showing that the government "has failed to prosecute others who are similarly situated to the defendant ); and (2) Discriminatory intent.
The falsehoods noted above come in the section where prosecutors try to counter the Siegelman/Scrushy claims that the government acted with discriminatory intent.
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
