Mark Fuller

Mark Everett Fuller (born 1958 in Enterprise, Alabama) is a United States District Judge of the United States District Court for the Middle District of Alabama. Fuller is "most recognizable" for presiding over the controversial case of former Alabama Governor Don Siegelman.^[1]

Education and career

He received a Bachelor of Science degree from the University of Alabama in 1982 and a Juris Doctorate from the University of Alabama School of Law in 1985.^[2] He was an attorney in private practice from 1985–1996, when he became Chief Assistant District Attorney for the 12th Judicial Circuit of Alabama.^[2]

In 1996, he was elected District Attorney of the 12th Circuit where he served until his appointment as a federal judge.^[2] As the District Attorney, Fuller was criticized for giving "extraordinary wages" to staff, including increasing office investigator Bruce DeVane's "salary to almost $6,000 every two weeks" until it nearly doubled by the end of 2000, and Fuller later testified during the proceedings about the retirements he approved in 2005.^[3]

On August 1, 2002, he was nominated by George W. Bush and confirmed by the US Senate on November 14, 2002. He received his commission on November 26, 2002.^[4]

U.S. v. Siegelman

In 2004, former Alabama Governor Don Siegelman was charged with Medicaid fraud, but the day after his trial began, prosecutors abruptly dropped all charges and judge U. W. Clemon threw out much of the prosecution's evidence and stated that no new charges could be refiled based on the disallowed evidence.^[5]

In 2006, Siegelman was charged again and Judge Fuller presided over the criminal trial for bribery and obstruction of justice. After a highly publicized trial that spanned several months, a jury convicted former Governor Siegelman and co-Defendant Richard Scrushy, founder and former CEO of HealthSouth, of federal funds bribery relating to Governor Siegelman's failed Alabama education lottery campaign. Prosecutors alleged that Scrushy, who supported Siegelman's 1998 gubernatorial opponent, Governor Fob James, reconciled their differences. Siegelman initially resisted, but later agreed to meet with Scrushy. According to trial testimony from a Siegelman aide, Nick Bailey, after the meeting ended Siegelman emerged with a $250,000 check and told Bailey that Scrushy "was halfway there." When Bailey asked Siegelman what Scrushy wanted for the contribution, Siegelman allegedly said, "the C-O-N Board." Bailey's recollection of the events, in particular his thought that Siegelman had emerged from the meeting with a check, turned out to be incorrect.^[6]

The jury was deadlocked twice.^[7] Fuller then told the jury they had the potential for “a lifetime job for you as a juror,” noting that he had “a lifetime appointment” and was “a very patient person," and the jury convicted the following day.^[8] At his first sentencing hearing, Fuller sentenced him to 88 months. Siegelman defenders argue that the sentence is unprecedented and the punishment excessive because, for example, former Alabama Governor H. Guy Hunt, a Republican, was found guilty of personally pocketing $200,000 and did not receive jail time.^[9]

Siegelman appealed and on March 6, 2009, the Eleventh Circuit upheld key bribery, conspiracy and obstruction counts against Siegelman and refused his request for a new trial, finding no evidence that the conviction was unjust, but struck two of the seven charges on which Siegelman was convicted and ordered a new sentencing hearing.^[10] It affirmed Judge Hinkle's decision (Judge Fuller asked that a separate judge be assigned to handle the motion) that Judge Fuller need not recuse himself from the case. The Eleventh Circuit noted that recusal motions must be made before trial, but the Defense did not learn of Fuller's conflicts (see "Criticism" below) until after the trial had begun. It also upheld the jury instructions that Fuller gave to the jury prior to their deliberations.

In December 2009, Fuller then reduced Governor Siegelman's sentence by 10 months during re-sentencing,^[11] leaving him with 69 months.^[12]

Criticism

Fuller has been accused of acting unethically, in the case and otherwise.^[13][14] He refused to allow the Defense to present well-documented evidence of selective prosecution,^[15] and critics suggest he facilitated the prosecutorial misconduct that occurred in the case.^[16][17][18] On October 23, 2007, in a statement to the House Judiciary Committee, the Alliance for Justice called for an investigation into Fuller's handling of the case.^[19]

Columbia Law School professor and contributor to Harper's Magazine Scott Horton has written numerous articles on Fuller's multiple conflicts of interest in presiding over the Siegelman case.^[20][21][22] Despite his conflicts, Fuller refused to recuse himself from the case. One such conflict was the fact that Siegelman, when Governor, prompted an investigation into Fuller's "questionable [financial] practices" as District Attorney.^[23] Fuller claimed that those allegations were "politically motivated",^[24] though audits proved that Fuller had in fact undertaken unethical financial practices when he was DA.^[25][26] Siegelman supporters believe that Fuller held a grudge against Siegelman and would not recuse because he wanted Siegelman convicted, a feat accomplished with Fuller's expansive jury instructions and controversial dynamite charge (see above).^[27][28]

At Siegelman's sentencing, Fuller had Siegelman taken from the courtroom in handcuffs and leg manacles and sent immediately to prison.^[29] 60 Minutes aired a report about the controversy during which Grant Woods, former Republican Attorney General of Arizona, commented, “That tells you that this was personal. You would not do that to a former governor.”^[6] Siegelman, his family, and many others continue to maintain Siegelman's innocence.^[30][31]

Personal life and legal issues

Fuller has been married twice. In 2012, he divorced Lisa Boyd Fuller, and the court records were sealed with Mark citing the safety concerns and Lisa objecting, alleging Fuller "was guilty of marital misconduct and is attempting to shield himself from the public scrutiny thereof."^[32][33] That same year he married Kelli Fuller, a former court bailiff with whom his ex-wife alleged Fuller had an affair.^[34]

On August 9, 2014, Fuller was arrested and charged with misdemeanor battery, punishable by up to a year in jail and a fine of up to $1,000, for an incident of domestic violence involving his wife, Kelli, following her allegation that he was having an affair with a law-clerk employee.^[35] Fuller was jailed overnight following his arrest.^[35] The Eleventh Circuit Court of Appeals has reassigned cases in Fuller's court to other district court judges, and will not assign any new cases to Fuller until further order of the circuit court.^[32][36] In September, he accepted a plea deal that would "expunge" the charges if he undergoes a drug and alcohol evaluation, completes a counseling program and attend a domestic violence program for 24 weeks.^[37]

By mid-September several state and national politicians called on Fuller to resign. Rep. Terri Sewell (D-AL) publicly stated Fuller should resign, and other members of Alabama's Congressional delegation followed.^[38] On September 17, 2014, Republican Senators Richard Shelby and Jeff Sessions of Alabama, and Democratic Senator Claire McCaskill of Missouri, called on Fuller to resign from the District Court.^[39]

On October 17, 2014, Sewell "threatened to begin impeachment proceedings" against Judge Fuller if he does not resign.^[40]

References

External links

• Mark Fuller at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.