CHIEF WITNESS FOR THE PROSECUTION SAYS HE WAS COACHED
Nick Bailey was the chief witness in the corruption trial of Governor Siegelman, providing a much needed “pay for play” testimony required to convict on a bribery charge. In 2011, new evidence surfaced that prosecutors failed to fulfill their legal obligation to provide the defense with all records documenting witness-coaching.
Former Siegelman aide and key witness for the prosecution, Nick Bailey, made a sworn statement that Siegelman prosecutors hid important facts that they were obligated to share with the defense. Specifically, the prosecution hid the notes of approximately 70 rehearsal sessions Nick was subjected to by the prosecution. The case hinged on evidence of “quid pro quo” in order to convict for bribry. It was important that Bailey show a “pay for play” exchange to get a conviction. In this case, the quid pro quo was Scrushy knowingly giving Siegelman $500,000 in illegal donations to an education lottery campaign in exchange for Siegelman giving a seat on an unpaid state regulatory board.
Furthermore, the government was threatening Nick with sexual blackmail, alleging a sexual relationship between Nick and Don Siegelman, in order to get compliance with their wishes for his testimony.
Allegations of sexual blackmail by the government are among the evidentiary exhibits that support legal arguments by Scrushy and Siegelman that they deserved a new trial based on new evidence from whistleblowers and investigative reporters. This appeal was turned down by the 11th Circuit Court of Appeals.