Mark E. Fuller
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Mark Everett Fuller (born December 27, 1958,
Enterprise, Alabama Enterprise is a city in the southeastern part of Coffee County and the southwestern part of Dale County in Southeastern Alabama, United States. Its population was 28,711 at the 2020 census. Enterprise is the primary city of the Enterprise micr ...
) is a former
United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
of the
United States District Court for the Middle District of Alabama The United States District Court for the Middle District of Alabama (in case citations, M.D. Ala.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appeal ...
. Fuller is most recognizable for presiding over the controversial case of former Alabama Governor
Don Siegelman Donald Eugene Siegelman ( ; born February 24, 1946) is a former American politician, lawyer and convicted felon who was the 51st governor of Alabama from 1999 to 2003. A member of the Democratic Party, as of , Siegelman is the last Democrat, as ...
. On August 1, 2015, he resigned following a federal court investigation into allegations about spousal abuse.


Education and career

He received a
Bachelor of Science A Bachelor of Science (BS, BSc, SB, or ScB; from the Latin ') is a bachelor's degree awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Science was the University of ...
degree from the
University of Alabama The University of Alabama (informally known as Alabama, UA, or Bama) is a Public university, public research university in Tuscaloosa, Alabama. Established in 1820 and opened to students in 1831, the University of Alabama is the oldest and la ...
in 1982 and a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from the
University of Alabama School of Law The University of Alabama School of Law, (formerly known as the Hugh F. Culverhouse Jr. School of Law at The University of Alabama) located in Tuscaloosa, Alabama is a nationally ranked top-tier law school and the only public law school in the sta ...
in 1985. He was an attorney in private practice from 1985 to 1996, when he became Chief Assistant District Attorney for the 12th Judicial Circuit of Alabama. In 1996, he was elected
District Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
of the 12th Circuit where he served until his appointment as a federal judge. 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. On August 1, 2002, he was nominated by
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
and confirmed by the United States Senate on November 14, 2002. He received his commission on November 26, 2002.


''U.S. v. Siegelman''

In 2004, former Alabama Governor
Don Siegelman Donald Eugene Siegelman ( ; born February 24, 1946) is a former American politician, lawyer and convicted felon who was the 51st governor of Alabama from 1999 to 2003. A member of the Democratic Party, as of , Siegelman is the last Democrat, as ...
was charged with
Medicaid fraud Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
, but the day after his trial began, prosecutors abruptly dropped all charges and judge
U. W. Clemon U.W. Clemon (born April 9, 1943) is an Alabama attorney in private practice and a former United States district judge of the United States District Court for the Northern District of Alabama. He was among the first ten African-American lawyers ad ...
threw out much of the prosecution's evidence and stated that no new charges could be refiled based on the disallowed evidence. 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 Richard Marin Scrushy Matulich 2008: 337 (born August 1952) is an American businessman and convicted felon. He is the founder of HealthSouth Corporation, a global healthcare company based in Birmingham, Alabama. Matulich 2008: 338 In 2004, follow ...
, founder and former CEO of
HealthSouth Encompass Health Corporation, based in Birmingham, Alabama, is one of the United States' largest providers of post-acute healthcare services, offering both facility-based and home-based post-acute services in 36 states and Puerto Rico through its ...
, 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 Forrest Hood "Fob" James Jr. (born September 15, 1934) is an American civil engineer, entrepreneur, football player, and politician. He served as the 48th governor of Alabama, first as a Democrat, 1979–1983, and secondly as a Republican, 1995â ...
, 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." However, Bailey's statement was incorrect as evidence showed there was no meeting with Siegelman."The Prosecution of Siegelman"
''See 60 Minutes'' CBS television broadcast, Feb. 24, 2008.
The jury was deadlocked twice. 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. 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 Harold Guy Hunt (June 17, 1933 – January 30, 2009) was an American politician, pastor, and convicted felon who served as the 49th governor of Alabama from 1987 to 1993. He was the first Republican to serve as governor of the state since Rec ...
, a Republican, was found guilty of personally pocketing $200,000 and did not receive jail time. Siegelman appealed and on March 6, 2009, the
United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
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. 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, leaving him with 69 months.


Criticism

Fuller was accused of acting unethically. and criticized over his sentencing of former Alabama Governor
Don Siegelman Donald Eugene Siegelman ( ; born February 24, 1946) is a former American politician, lawyer and convicted felon who was the 51st governor of Alabama from 1999 to 2003. A member of the Democratic Party, as of , Siegelman is the last Democrat, as ...
, allegedly saying in private that he would "hang Don Siegelman". He refused to allow the defense to present well-documented evidence of
selective prosecution In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute. In ...
, and critics suggest he facilitated the
prosecutorial misconduct In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropri ...
that occurred in the case. Fuller was criticized for refusing to allow Siegelman to remain free on appeal and the Appeals Court overruled Fuller's decision."Freed Ex-Governor of Alabama Talks of Abuse of Power"
''New York Times'' March 29, 2008.
Siegelman argued that Fuller "gave the jury false instructions." On October 23, 2007, in a statement to the
House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...
, the
Alliance for Justice Alliance for Justice (AFJ) is a progressive judicial advocacy group in the United States. Founded in 1979 by former president Nan Aron, AFJ monitors federal judicial appointments. AFJ represents a coalition of 100 politically leftist groups that ...
called for an investigation into Fuller's handling of the case. Scott Horton, a legal scholar, has written numerous articles about Fuller's multiple
conflicts of interest A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations i ...
in presiding over the Siegelman case in which Fuller refused to
recuse Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applica ...
himself from the case. One such conflict was that Siegelman, when Governor, prompted an investigation into Fuller's "questionable inancialpractices" as
District Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
. Fuller claimed that those allegations were "politically motivated", but audits proved that Fuller engaged in unethical financial practices. 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 Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal ...
and controversial dynamite charge. At Siegelman's sentencing, Fuller had Siegelman taken from the courtroom in
handcuffs Handcuffs are Physical restraint, restraint devices designed to secure an individual's wrists in proximity to each other. They comprise two parts, linked together by a Link chain, chain, a hinge, or rigid bar. Each cuff has a rotating arm whi ...
and leg manacles and sent immediately to prison.
60 Minutes ''60 Minutes'' is an American television news magazine broadcast on the CBS television network. Debuting in 1968, the program was created by Don Hewitt and Bill Leonard, who chose to set it apart from other news programs by using a unique styl ...
aired a report about the controversy during which
Grant Woods J. Grant Woods (May 19, 1954 – October 23, 2021) was an American attorney and politician who served as Attorney General of Arizona from 1991 until 1999. Woods was a moderate-to-liberal Republican who served as John McCain's chief of staff w ...
, former Republican
Attorney General of Arizona The Arizona Attorney General is the chief legal officer of the State of Arizona, in the United States. This state officer is the head of the Arizona Department of Law, more commonly known as the Arizona Attorney General's Office. The state attorne ...
, commented, "That tells you that this was personal. You would not do that to a former governor."


Investigation and resignation

On August 9, 2014, Fuller was arrested and charged with
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
battery Battery most often refers to: * Electric battery, a device that provides electrical power * Battery (crime), a crime involving unlawful physical contact Battery may also refer to: Energy source *Automotive battery, a device to provide power t ...
, punishable by up to a year in jail and a fine of up to $1,000, for an incident of
domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
involving his second wife, Kelli, following her allegation that he was having an affair with a law-clerk employee.Eliott C. McLaughlin and John Branch
"Federal judge jailed after alleged domestic dispute"
''
CNN.com CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
'', August 12, 2014.
Fuller was jailed overnight following his arrest. The Eleventh Circuit Court of Appeals reassigned cases in Fuller's court to other district court judges, and would not assign any new cases to Fuller until further order of the circuit court. In September, he accepted a plea deal that would "expunge" the charges if he underwent a drug and alcohol evaluation, completed a counseling program, and attended a domestic violence program for 24 weeks. The
Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...
began looking into the accusations against Fuller. By September 2014, several state and national politicians called on Fuller to resign. Alabama Democrat
Terri Sewell Terri is an alternative spelling of Terry. It is a common feminine given name and is also a diminutive for Teresa. Notable people with the name include: *Terri Allard (born 1962), American country/folk singer/songwriter *Terri S. Armstrong, Amer ...
publicly stated Fuller should resign, and other members of Alabama's congressional delegation followed suit. On September 17, 2014, Republican U.S. Senators
Richard Shelby Richard Craig Shelby (born May 6, 1934) is an American lawyer and politician serving as the senior United States senator from Alabama. First elected to the U.S. Senate in 1986 as a Democrat who later switched to the Republican Party in 1994, h ...
and
Jeff Sessions Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018. A member of the Republican Party, he previously served as United State ...
of Alabama, and Democratic U.S. Senator
Claire McCaskill Claire Conner McCaskill (; born July 24, 1953) is an American politician who served as a United States Senator from Missouri from 2007 to 2019 and as State Auditor of Missouri from 1999 to 2007. McCaskill is a native of Rolla, Missouri. She gr ...
of Missouri, called on Fuller to resign from the District Court. On October 17, 2014, Sewell "threatened to begin impeachment proceedings" against Fuller if he did not resign. On May 29, 2015, Fuller sent President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
a letter of resignation effective August 1, 2015. In September 2015, a committee of federal judges who investigated Fuller told Congress it should consider impeaching Fuller despite his resignation, citing as justification its determination that Fuller had engaged in "reprehensible conduct" as there was "substantial evidence" that Fuller had physically abused his wife "at least eight times" and that Fuller "was also accused of committing perjury" when denying abusing his wife. In addition, the report concluded Fuller made "false statements to the chief judge of the 11th Circuit in late December 2010 in a way that caused a massive disruption in the District Courts' operation and loss of public confidence in the court as an instrument of Justice."


Personal life

Fuller has been married twice. In 2012, he divorced Lisa Boyd Fuller, and the court records were sealed with Mark citing safety concerns and Lisa objecting, alleging Fuller "was guilty of marital misconduct and is attempting to shield himself from the public scrutiny thereof."Brian Lyman
Judge Mark Fuller's cases reassigned after his arrest
''
Montgomery Advertiser The ''Montgomery Advertiser'' is a daily newspaper and news website located in Montgomery, Alabama. It was founded in 1829. History The newspaper began publication in 1829 as ''The Planter's Gazette.'' Its first editor was Moseley Baker. It ...
'', August 13, 2014.
That same year he married his second wife, Kelli, a former court bailiff, whom Lisa Fuller alleged had had an affair with her husband.U.S. Federal Judge arrested on battery charge for allegedly beating his wife
''New York Daily News'', August 12, 2014.


References


External links

* , - {{DEFAULTSORT:Fuller, Mark 1958 births 21st-century American judges Alabama lawyers Alabama politicians convicted of crimes Judges of the United States District Court for the Middle District of Alabama Living people People from Enterprise, Alabama United States district court judges appointed by George W. Bush University of Alabama School of Law alumni