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	<title>Comments on: Siegelman&#8217;s Quest for Justice An Uphill Fight?</title>
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	<link>http://blog.locustfork.net/2008/01/26/siegelmans-quest-for-justice-an-uphill-fight/</link>
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		<title>By: Glynn Wilson</title>
		<link>http://blog.locustfork.net/2008/01/26/siegelmans-quest-for-justice-an-uphill-fight/comment-page-1/#comment-597</link>
		<dc:creator>Glynn Wilson</dc:creator>
		<pubDate>Mon, 28 Jan 2008 04:08:53 +0000</pubDate>
		<guid isPermaLink="false">http://blog.locustfork.net/index.php/healthsouths-richard-scrushy-on-trial/siegelmans-quest-for-justice-an-uphill-fight/#comment-597</guid>
		<description>Great story. Did you ever get to talk to Roger Newman, the author who wrote Black&#039;s biography?</description>
		<content:encoded><![CDATA[<p>Great story. Did you ever get to talk to Roger Newman, the author who wrote Black&#8217;s biography?</p>
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		<title>By: ivan swift</title>
		<link>http://blog.locustfork.net/2008/01/26/siegelmans-quest-for-justice-an-uphill-fight/comment-page-1/#comment-596</link>
		<dc:creator>ivan swift</dc:creator>
		<pubDate>Mon, 28 Jan 2008 01:29:43 +0000</pubDate>
		<guid isPermaLink="false">http://blog.locustfork.net/index.php/healthsouths-richard-scrushy-on-trial/siegelmans-quest-for-justice-an-uphill-fight/#comment-596</guid>
		<description>you&#039;re right about the power of the presiding judge in a federal courthouse. or, just the power. i kept up with the federal court in bham in addition to politics when i was a reporter there, because it was the focus of civil rights action. got to meet supreme court justice hugo black there. black had married a former clerk in the court, who was was going to visit her old confreres in the clerk&#039;s office, along with the chief justice. i got a &quot;secret&quot; callfrom a clerk pal, mary tortorici, telling me to be at the clerk&#039;s office pretending to research filings at a certain hour. i did. about 15 minutes later in they walked. had a wonderful off the record chat with black. ivan</description>
		<content:encoded><![CDATA[<p>you&#8217;re right about the power of the presiding judge in a federal courthouse. or, just the power. i kept up with the federal court in bham in addition to politics when i was a reporter there, because it was the focus of civil rights action. got to meet supreme court justice hugo black there. black had married a former clerk in the court, who was was going to visit her old confreres in the clerk&#8217;s office, along with the chief justice. i got a &#8220;secret&#8221; callfrom a clerk pal, mary tortorici, telling me to be at the clerk&#8217;s office pretending to research filings at a certain hour. i did. about 15 minutes later in they walked. had a wonderful off the record chat with black. ivan</p>
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		<title>By: Glynn Wilson</title>
		<link>http://blog.locustfork.net/2008/01/26/siegelmans-quest-for-justice-an-uphill-fight/comment-page-1/#comment-595</link>
		<dc:creator>Glynn Wilson</dc:creator>
		<pubDate>Mon, 28 Jan 2008 00:27:48 +0000</pubDate>
		<guid isPermaLink="false">http://blog.locustfork.net/index.php/healthsouths-richard-scrushy-on-trial/siegelmans-quest-for-justice-an-uphill-fight/#comment-595</guid>
		<description>Good question, Ivan.

Since the New York Times was not paying me at the time to cover that trial in Montgomery, I&#039;ve only learned of the dynamite charge from interviewing eye witnesses and lawyers during the sentencing - when I was operating with the support of The Nation Institute and my own blog ad money.

In my news reporting career covering courthouses, we&#039;ve always called it a &quot;dynamite&quot; charge when it was issued as a final straw from the judge to either &quot;try one more time&quot; to reach a verdict - or hang once and for all and hand the judge a mistrial. It&#039;s kind of hard to check since we still don&#039;t have a transcript, but...

An Allen Charge is a legal term for what you are talking about based on some precedent I&#039;m not immediately familiar with, although I&#039;m sure a quick Google search or a look at Wikipedia would turn up the answer pretty quickly.

I&#039;m no lawyer, but I&#039;ve covered enough cases to know that a judge has considerable power in a courtroom, a fact that seems to be lost on the Newhouse news staff in Alabama, at least in this case.

Fuller is not just &quot;A&quot; federal judge, he is THE &quot;Chief&quot; and presiding judge in Montgomery. I recall exactly one story in the News that identified him as &quot;Chief U.S. District Judge Mark Fuller.&quot; And it was a Kim Chandler story if I am not mistaken, a day or two after I had used that in a story myself on this news Website. A Lexus search could confirm that.

Sources want me to do a story on the marble system for how judges are assigned to cases in Montgomery. But I figure it&#039;s a moot point. The presiding judge can assign himself any case he wants. And this was the highest profile case of them all, a case pushed at the highest levels of government in Bush&#039;s Washington - and Riley&#039;s Montgomery.

In other words, this is no accident!</description>
		<content:encoded><![CDATA[<p>Good question, Ivan.</p>
<p>Since the New York Times was not paying me at the time to cover that trial in Montgomery, I&#8217;ve only learned of the dynamite charge from interviewing eye witnesses and lawyers during the sentencing &#8211; when I was operating with the support of The Nation Institute and my own blog ad money.</p>
<p>In my news reporting career covering courthouses, we&#8217;ve always called it a &#8220;dynamite&#8221; charge when it was issued as a final straw from the judge to either &#8220;try one more time&#8221; to reach a verdict &#8211; or hang once and for all and hand the judge a mistrial. It&#8217;s kind of hard to check since we still don&#8217;t have a transcript, but&#8230;</p>
<p>An Allen Charge is a legal term for what you are talking about based on some precedent I&#8217;m not immediately familiar with, although I&#8217;m sure a quick Google search or a look at Wikipedia would turn up the answer pretty quickly.</p>
<p>I&#8217;m no lawyer, but I&#8217;ve covered enough cases to know that a judge has considerable power in a courtroom, a fact that seems to be lost on the Newhouse news staff in Alabama, at least in this case.</p>
<p>Fuller is not just &#8220;A&#8221; federal judge, he is THE &#8220;Chief&#8221; and presiding judge in Montgomery. I recall exactly one story in the News that identified him as &#8220;Chief U.S. District Judge Mark Fuller.&#8221; And it was a Kim Chandler story if I am not mistaken, a day or two after I had used that in a story myself on this news Website. A Lexus search could confirm that.</p>
<p>Sources want me to do a story on the marble system for how judges are assigned to cases in Montgomery. But I figure it&#8217;s a moot point. The presiding judge can assign himself any case he wants. And this was the highest profile case of them all, a case pushed at the highest levels of government in Bush&#8217;s Washington &#8211; and Riley&#8217;s Montgomery.</p>
<p>In other words, this is no accident!</p>
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