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Friday, May 18, 2012

Sex, Drugs, and Violence Are At The Heart Of Divorce Case Against Siegelman Judge Mark Fuller

Judge Mark Fuller

A request for admissions can be one of the most entertaining documents in a lawsuit. The requesting party, in so many words, is saying, "We all know the following statements are true, so why don't you admit to them so we can haggle about something else?"

It can be a rare moment of clarity in a legal action, where one party is trying to cut through the many layers of BS and establish facts. That doesn't mean the receiving party is going to admit to everything--or anything--in the request. But the effort to get at what one party considers to be the clear truth can be most enlightening.

From that standpoint, a request for admissions in a divorce case involving U.S. District Judge Mark Fuller certainly does not disappoint. Fuller is a George W. Bush appointee who is best known for presiding over the political prosecution of former Alabama Governor Don Siegelman and codefendant Richard Scrushy, the former CEO of HealthSouth Corporation.

Lisa Boyd Fuller is suing the judge for divorce. If even half of the items in her request for admissions are true, it's a wonder Judge Fuller could even pay attention during the Siegelman case--much less rule correctly on key matters of law, with the freedom of two men at stake. (You can read the Fuller request for admissions at the end of this post.)

Lisa Fuller's request is filled with sex, drugs, and violence--but no rock and roll (so far). The 18 items hint at a judge with a clouded mind, a nasty temperament, a lust for women other than his wife, and a monumental sense of entitlement.

The process for a request for admissions here in my state is governed by Rule 36 of the Alabama Rules of Civil Procedure. It's one of my favorite rules because it essentially says, "Let's dispense with all the posing and posturing and get on the record what we all know to be the case--that these statements are true." A savvy defense lawyer, of course, can take steps to ensure that the truth is clouded--and Mark Fuller's lawyer is likely to do just that. But you at least have to admire the thought behind Rule 36.

Here is how the committee comments to the Alabama rule sum things up:
The purpose of this rule is to expedite the trial and to relieve the parties of the cost of proving facts which will not be disputed at the trial and the truth of which can be ascertained by reasonable inquiry. The rule is self-sufficient, and clearly defines its purpose and limits its effect, and it should be liberally construed.

Lisa Fuller's request for admissions can be broken down into four categories--and they are doozies. Let's take a look:

Extramarital Affairs


1. Admit or deny that you have had an extramarital affair with a person or persons during the course of your marriage to the Plaintiff.

2. Admit or deny that you are continuing to have an extramarital affair.

3. Admit or deny that you have stayed overnight and had sexual intercourse with a person or persons other than your spouse during the course of your marriage.

4. Admit or deny that you have had sexual intercourse with a person or persons other than your spouse during the course of your marriage.

5. Admit or deny that you have admitted to your spouse that you have had sexual intercourse with a person or persons other than your spouse during the course of your marriage.

As you can see, Lisa Fuller and her attorney, Floyd Minor, are not pussyfooting around. On to category No. 2:

Driving Under the Influence


7. Admit or deny that you have driven a vehicle while under the influence of alcohol during the course of your marriage.

8. Admit or deny that you have driven a vehicle while under the influence of alcohol, and with one or more of your children in the vehicle as passengers, during the course of your marriage.

Domestic Abuse


12. Admit or deny that you have cursed your spouse or directed abusive language to your spouse.

13. Admit or deny that you have hit, kicked, struck, or otherwise physically abused your spouse during the course of your marriage.

14. Admit or deny that you have hit, kicked, struck, or otherwise physically abused your children during the course of your marriage to Plaintiff.

Drug addiction


16. Admit or deny that you are addicted to prescription medication.

Whew, that's a lot to digest. What can we take from this? Mark Fuller might be called "Your Honor" within the four walls of his courtroom, but it doesn't sound like he's behaved in an honorable fashion during his marriage. And it certainly sounds like he has no business judging the actions of others.


(Photo: Phil Fleming)


Mark Fuller Divorce--Admissions

30 comments:

Anonymous said...

HOPE for CHANGE?

Abe Lincoln was the lodestar for our current U.S. President.

Abe Lincoln's works somehow were, mostly, lost in a fire(s).

Abe was the go-to lawyer for the Rockefeller Trust and getting the rails across America.

BIG CORPORATE POWER ROCKEFELLER TRUST, and ABE, BIG CORPORATE POWER BROKER.

There was a trap door above the jury deliberation room, first FEDERAL U.S. COURTHOUSE, in Abe's control.

Abe's offices of law and office of government were not separate by any stretch of the imagination.

I am of the belief the current U.S. President was a promise to the "lawyer" class that the corruption could go on uninterrupted, ownership of the media and news promises hundreds of years in the future - traded and exchanged, the intentionally misinformed and uninformed.

The "informed?" Karl Rove? George W. Bush, Jr., GWB, Sr.?

Super pirates, the label here in fast forward times, Abe's legacy having been evolved from the Rockefeller Trust into SOFTWARE GIANTS and the sales which can bio-metric gulag every man, woman and chile, globally.

What are we Americans going to do about the problem? What is the problem in actuality? Do we TRUST DIEBOLD to "vote," for us in a fair, balanced, fully transparent and therefore, EQUAL measure each and every vote counted?

Lamar Smith is the Chairman of the Judiciary in Washington D.C. He wrote a letter to Eric Holder and noticed him with a date time certain. Why can we not, each and every "voter," get Lamar Smith to write our letter of representation and it is regarding the money.

A full and complete money accounting is demanded by Chairman Smith, from Eric Holder and Obummer, to be forthcoming, every cent that is being manufactured for the "Little Acorn Clones," in a never-ending flow of riches to the billionaire and trillionaire classes.

Federalists,' are well-feathered in their nests, look at the BUILDINGS across the nation, beginning in the 1990s and thereafter, ARCHITECTURE was and is opulent for the "Federal Buildings" with very fancy titles, names of certain "Justices," and yet We The People GOVERNMENT, are being withheld the "credit" of computers when it is considered in our good law, ours.'

Roberta

James Greek said...

Mark Fuller didn't pay attention because he didn't care about Siegelman. He wanted to get even with him to save his own ass.

Anonymous said...

Oh and do not forget that ABE never forgave himself for his wife Mary's affliction of Syphilis - Mary went insane forever.

Are we proud of our "Presidents," that have been chosen by the majority of our population, but of course, since the money was transferred to the classless that now controls our every thought, word, deed and look at our alleged super power society.

No high speed rails here, Abe, what happened? Obummer is and what we know to be true, the high speed rails are in China.

Roberta

legalschnauzer said...

Mark Fuller seems to have a habit of establishing mistresses in his various locations. He reportedly had a regular squeeze in the Office of the District Attorney for Pike and Coffee counties. I'm told her last name was Fuller, no relation.

It was Don Siegelman's appointment of a man named Gary McAliley as Fuller's replacement in the DA's office that reportedly caused Mr. Fuller's hatred for all things Siegelman. Mr. McAliley was not shy about stating that he had inherited a mess, that incompetence and corruption had been rampant on Fuller's watch.

My understanding is that Mr. McAliley retired not long ago, in 2011.

I'm also told that Mrs. Fuller has hired perhaps the best divorce attorney in Montgomery. Sounds like she is playing for keeps.

jeffrey spruill said...

Ooh la la!

This is certainly getting REAL JUICY & titillating.

Do you suppose former Gov.Siegelman is keeping up with all these salacious details.

If Judge Fuller refuses to answer the request for admissions would not this be an admission of guilt.

I know if one does not belong to the legal club it certainly would be.

legalschnauzer said...

I think it's a safe bet that Siegelman is paying attention to this.

e.a.f. said...

Itsn't hitting, etc. of people illegal in Alabama? Why wasn't the "good husband" charged with assault?

This is truly more entertaining than anything on t.v.

I know some sports teams used to have "morale's clauses". Don't jduges have something similar?

Anonymous said...

Any chance we see the Defendant's Response to Interrogatories? Or maybe just maybe the case is sealed to protect the "children"...

Some how, some way this will go away. There is too much of an onion here to start peeling back the skin.
Chris

James Greek said...

Fuller's wife is an attorney too? yes, McAilley retired in 2011. Tok Deron is now DA for Coffee and Pike Counties. And his mistress migh be his cousin! GASP!

Anonymous said...

HEE HAW!!! I'm lovin' it!

legalschnauzer said...

e.a.f.--

You raise a good point. Yes, there are signs of criminal behavior in the divorce filings--assault, child abuse, domestic violence (which is a separate class of crime in Alabama). Of course, that requires someone to bring criminal charges. Mrs. Fuller apparently decided to bypass the criminal system and go the civil route. Based on my experiences filing charges in a criminal matter, which prosecutors botched horribly and left me (the victim) holding the bag, I'd say she did a smart thing.

legalschnauzer said...

Anon at 5:22 p.m.

Fuller's motion to have the case sealed--I have a copy of it--cited security concerns based on his status as a federal judge. It said nothing about press coverage. If the case has been sealed in the past 24 hours or so, and I'm told that it has been, it's because of press coverage. Fuller's children, I believe, are in their teens and upward, so that should not be grounds for sealing. Neither should press coverage.

legalschnauzer said...

James:

To my knowledge, Fuller's wife is not an attorney. I hear, though, that she has hired a good attorney for her divorce case. My sources say Floyd Minor is a big-time divorce lawyer, who charges big-time fees.

Anonymous said...

Roger-
Should anyone be surprised that this case was sealed? No need to air dirty laundry of a sitting federal judge that might compromise other "fine upstanding" lawyers, judges and politicians... I would say that I'm surprised at this turn of events but I have seen it used in much lower profile cases (mine) previously. My, my the cockroaches do indeed seek the darkness...

legalschnauzer said...

I'm not an expert on this, but I'm pretty sure there is law governing when a divorce case can be sealed. It can't be done just on a judge's whim. My memory is that the law says pretty much the only grounds for sealing a divorce case is when issues involving young children are present. That's not the case here, and I'm pretty sure press coverage is not grounds for sealing the case. Would welcome insight from readers with knowledge of the law on this. This appears to be another case of a judge doing whatever he damn well pleases, regardless of what the law says. And the point, as you note, is to protect the legal tribe.

James Greek said...

I meant to say Tom Anderson. Sorry, I was on my ipad.

Robby Scott Hill said...

The FBI has dirt to leak on everyone, including the Alabama State Bar. Fuller gets his records sealed so our beloved State Officials can carry on the charade that they are of better character and fitness than the general public. The lawyer class only includes some lawyers, the rest of us were forced out of practice, disbarred or in my case never even allowed to take the bar exam. Only the politically dangerous law students are refused entry to the exam room and I wear that as a badge of honor. I represented a gay man in an administrative hearing, and now gay people are finally getting their rights. Suck on that Keith Norman & Tony McClain.

legalschnauzer said...

You know, Rob, I'm not a fan of Roy Moore. But I love the notion that you raised of him becoming chief justice again and taking out his vengeance on the State Bar. I would be with Ole Roy on that one.

Anonymous said...

Adultery is illegal in the state of Alabama. It is on the law books that you can have them arrested. I wonder why she did not have both of them arrested. A woman in Calhoun County had her husband and mistress arrested. After I got out of Jail for beating the hell out of both of them I'd have them arrested!!! x

Anonymous said...

...she has hired a good attorney for her divorce case. My sources say Floyd Minor is a big-time divorce lawyer, who charges big-time fees.

Oh, she can hire him and she can pay his big-time fees but for WHOM will he really be working?

Anonymous said...

The BEST "LAWYERS" in the U.S. are not licensed at the State B.A.R., in any state in the U.S.

The BEST "LAWYERS" are those who, like Rob, have the conscience to NOT "dance with the devil."

The devil don't change, and that's for certain.

Look at the pacts the jackal class make with the dark side, and all for the honor to be mostly, human filth dressed up to hide in a cult of despots now that we really take time to notice in careful view.

LOVE THIS transparency in the lawless America unraveling at that place in the tapestry where the threads cannot be stitched in time to save any nine.

OUT OUT DAMN SPOT.

Nope, the blood is stained in the front center of the garment Federal Judicial.

Roberta

jeffrey spruill said...

Wouldn't a refusal to answer request for admissions be tantamount to invoking the 5th amendment right against self incrimination?

If folks only knew the utter scorn the legal mafia held for the Constitution.

And I'm accusing you David W. Bouchard who had Judge Henry Coke Morgan split the statute into separate offenses 11 days before my trial & then Judge Robert G. Doumar allows my case to proceed to trial KNOWING the 5th amendment grand jury clause would be violated.(hope this ends up on your website Dave)

http://www.vsb.org/site/about/judicial-nominations/


http://www.supremecourt.gov/publicinfo/speeches/viewspeeches.aspx?Filename=sp_05-03-00.html

Robby Scott Hill said...

All is not well in Alabama Land as the Shining Republican City on a Hill begins to burn.

Republican Jesus did not bless 80% of us with choices, plenty of food and a Mercedes Benz in the driveway.

The truth is that most city folks in Europe and China, even portions of Africa are now eating better and living better than we are & ordinary Americans are ready to do something about it. One has to wonder how long it will be before some of these clowns wind up victims of Vigilante Justice.

By the time this economy bottoms out, some of them will be wishing they had been the ones in prison when Mob Justice comes for them.

jeffrey spruill said...

Conrad Shumadine is such a coward his law firm changed his personal profile site so he would not have to answer annoying questions about his criminal activities.

But freedom loving-- ethical folk are onto you Conrad.

Here's is new profile site.

http://www.willcoxandsavage.com/attorneys/view/conrad-m.-shumadine

choggs said...

SHOCKS THE CONSCIENCE

Siegelman replaced Fuller as DA.

Wow

legalschnauzer said...

Siegelman had to name Fuller's replacement as DA when Fuller became a federal judge. And the man Siegelman named, Gary McAliley, was not shy about stating publicly that Fuller had run a corrupt and slipshod operation in the DA's office.

Robby Scott Hill said...

And where was the Alabama State Bar?

jeffrey spruill said...

Robby:

Most likely protecting the monopolies created by the legal mafia.

http://www.willcoxandsavage.com/attorneys/view/conrad-m.-shumadine

jeffrey spruill said...

Bain Capital's shareholders made out like champs with this acquisition.

But Conrad Shumadine knows what happened mid Dec. of 07 causing his daddy---Frank Batten Jr. to suddenly ditch the Weather Channel.

http://www.nytimes.com/2008/07/07/business/media/07weather.html

jeffrey spruill said...

http://www.justice.gov/ag/readingroom/ag-121907.pdf