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Scrushy's defense maintained that the fraud at HealthSouth was committed by Scrushy's subordinates, without his knowledge.
Several factors likely contributed to Scrushy's victory. Prosecutors decided to try Scrushy in Birmingham, AL, where Scrushy is a prominent public figure. "It turned out that he had the home court advantage. And that's what ultimately, I think, won the case for him," according to Mintz. The prosecution's use of HealthSouth CFOs' testimony against Scrushy also backfired. Fifteen HealthSouth executives pleaded guilty and have never faced trial, which raised suspicion as to their motivation for testifying against Scrushy...
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