MONTGOMERY -- A federal appellate court today ordered former Gov. Don Siegelman released from prison while he appeals his 2006 conviction, but denied co-defendant Richard Scrushy's request to be released.



Siegelman attorney Vince Kilborn said Siegelman would be released sometime Friday morning. "His wife and his daughter, Dana, are driving out to get him," Kilborn said.



Scrushy attorney Art Leach said he had been told the 11th Circuit Court of Appeals denied Scrushy's request, but had no more details this evening.



Siegelman has been in an Oakdale, La., prison camp for nearly nine months. A federal jury in 2006 convicted Siegelman and Scrushy of federal funds bribery. Prosecutors alleged Scrushy bought a seat on a state board with a $500,000 donation to Siegelman's lottery campaign.



The judges wrote that Siegelman met both requirements for an appeal bond: He is not a flight risk and his appeal raises a substantial question of law or fact likely to result in reversal or an order for a new trial.



"After thorough review of this complex and protracted record, we conclude Siegelman has satisfied the criteria set out in the statute, and has specifically met his burden of showing that his appeal raises substantial questions of law or fact," the judges wrote.



The court did not elaborate on what those questions were. Siegelman's lawyers, among other issues, have argued prosecutors didn't prove that Siegelman and Scrushy struck a "quid pro quo" deal to swap the money for the appointment.



U.S. Judges Susan H. Black and Stanley Marcus wrote the four-page order.



U.S. District Judge Mark Fuller ordered Siegelman and Scrushy directly to prison after their sentencing last summer. Siegelman, who was also convicted on an obstruction of justice charge, was sentenced to seven years and four months in prison. Scrushy was sentenced to six years and 10 months.



The court had denied Scrushy's appeal bond, but his lawyers asked the court to reconsider and offered to pledge all of his assets as assurance he will not flee. Leach said he learned today that request had been denied.

Kilborn said today's order to release Siegelman is "a big win in a very long war. It's a good feeling." Now, he said attorneys will be working to have Siegelman's conviction reversed.

Read the Siegelman order here.

Read the Scrushy order here.

Kim Chandler

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