An attorney for Richard Scrushy now says that the former HealthSouth CEO might have been at fault when he violated the terms of his pretrial release. While still insisting that Scrushy is not a flight risk, his attorney, Art Leach, admitted that “mistakes and miscommunications” were at play. He did not specify what those mistakes might have been.

Since being convicted in federal court last year for bribing former Gov. Don Siegelman, Scrushy has been released pending appeal. Last week, Scrushy’s probation officer reported to the court that Scrushy had violated the terms of his release. While on vacation with his family to Walt Disney World, Scrushy left his approved hotel and boarded a yacht in Palm Springs, according to the probation officer’s report. From there he traveled to Miami.

Previously Scrushy had said through his attorney that he had permission to visit family and friends in south Florida while he was on vacation there. Today, though, he seemed to backtrack from that argument.

“However, it is apparent that not all the details were properly communicated to Montgomery,” Scrushy attorney Art Leach said. “Richard Scrushy has not intentionally violated the terms of his release.”

Scrushy’s probation officer wants the court to give Scrushy home confinement and to require he wear a tracking device on his ankle. Even harsher, federal prosecutors want Scrushy jailed until his eventual sentencing.

U.S. District Judge Mark Fuller has not yet set a sentencing date. However, Scrushy’s codefendant, Siegelman, has solicited friends and colleagues to write letters of support to be used in the hearing, indicating that the hearing might happen in the near future.

Federal Magistrate Judge Charles Coody has scheduled a hearing next week to hear arguments about Scrushy’s probationary release.

— Kyle Whitmire

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