MONTGOMERY, Ala., June 28 – U.S. District Judge Mark Fuller’s voice shook just a little as he shot the middle to try and placate both sides Thursday night by sentencing former Alabama Gov. Don Siegelman to seven years and four months in federal prison and former HealthSouth CEO to six years and 10 months.

He rejected appeals on the part of the defense to allow both defendants to remain out of jail pending an appeal, and the opportunity to go home with their families and get their affairs in order before voluntarily reporting to prison at a later date. He ordered them into the immediate custory of U.S. Marshalls, handcuffed, shackled, and taken to a federal prision in Atlanta.

“Governor Siegelman, there’s no question you’ve done many great things, and I commend your 30 years of public service,” Fuller said. The judge indicated he read the 720 letters sent him “by people of all walks of life” on Siegelman’s behalf, including those with great wealth – and more humble beginnings – all of them with the same investment “in this great country.”

He called it an “unpleasant responsibility” to have to impose the sentence, but he said: “We both took an oath. By your actions you have violated that oath.”

Along with the Bush Justice Department prosecutors in this case, the judge claimed Siegelman and Scrushy damaged public trust in government, while the government’s actions in this case may prove to be a worse violation by the time the investigation is all over.

Fuller showed little mercy for Siegelman, fining him $50,000, plus $181,325 in restitution, along with 500 hours of community service upon his release, which could come after six years and eight months, according to attorneys. Or he could have his time reduced by the 11th Circuit Court of Appeals in Atlanta – or the three judge panel there could immediately order his release by throwing the tainted case out of court on appeal.

Judge Fuller also showed little mercy on Richard Scrushy – in spite of an impassioned appeal on behalf of his family and his god – fining him $150,000, due immediately, and ordering him to pay restitution of $267,000 along with 500 hours of community service upon his release.

MONTGOMERY, Ala., June 28 – U.S. District Judge Mark Fuller added five to seven years to the possible prison sentence of Alabama Gov. Don Siegelman today – for talking to the media.

Instead of a possible 10 year sentence, Siegelman is looking at the possibility of 15 to 19 years behind bars, simply for exercising his First Amendment right to free speech, attorneys said.

The judge is using a system of federal guidelines established for sentencing defendants in federal cases based on a quantitative grid system. It’s a 1-43 point system based on court precedents for average sentences given for different kinds of crimes. Defendants can have time taken off for good works, if they are not considered a flight risk, if they show remorse and other things. Points and prison time can be added if they would be considered a risk to go out and commit other crimes or flee, for example.

U.S. government prosecutors argued that Siegelman had engaged in a “propaganda campaign” to “heap disrespect on this court” by talking to the media while awaiting sentencing, which is ironic considering the propaganda devised by Bush political strategist Karl Rove in his long history of manipulating judicial races in Alabama.

Attorney Susan James appealed to the judge to show fairness in the case, and brought up Jill Simpson’s affidavit alleging a conspiracy at the highest levels of the federal government to get Siegelman (reported on extensively below). She said the defense team had not intended to bring it up until the appeal, but the aggressive nature of the Bush Justice Department’s prosecution of Siegelman and the proposal to add more time to his sentence compelled them to bring up the issue to get it on the record.

Sentencing is expected tonight. There’s no free wireless Internet access in the federal courthouse in Montgomery, so for now, you can read the AP story or follow the case on other blogs and the one below.

The WSFA channel 12 blog, Courtroom Chronicles, is back in business this morning. The judge is on the bench and the action has picked back up in Montgomery with more character witnesses.

We are on the way back to Montgomery today for more original reporting. The sentencing could come today, according to WSFA’s Helen Hammons.