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Mike Wallace subpoenaed

Testimony sought on interview of HealthSouth CEO

BIRMINGHAM, Ala. -- Richard Scrushy once sat down to talk with ''60 Minutes" correspondent Mike Wallace about allegations that Scrushy started a huge fraud while chief executive of rehabilitation giant HealthSouth Corp. Now, Scrushy wants Wallace to do the talking.

Set to go on trial this week on a 58-count indictment, Scrushy has subpoenaed Wallace and a CBS producer to discuss their ''60 Minutes" segment about the HealthSouth debacle, according to court documents filed yesterday.

Wallace and producer Robert Anderson have asked US District Judge Karon O. Bowdre to throw out the subpoena, citing their First Amendment rights and claiming they don't have anything to add to the case.

Jury selection begins tomorrow, the day the defense wants Wallace and Anderson in Birmingham.

Accused of heading a group of executives who overstated HealthSouth earnings by more than $2.6 billion, Scrushy has pleaded not guilty to charges including fraud, conspiracy, money laundering, obstruction of justice, perjury, and violating a new corporate reporting law. Fifteen former HealthSouth executives already have pleaded guilty, and Scrushy blames them for the scheme.

Wallace interviewed Scrushy for a ''60 Minutes" segment first aired in October 2003, a few months after the scandal broke. Scrushy told Wallace he didn't have anything to do with overstating earnings.

According to documents filed on behalf of Wallace and the producer, prosecutors plan to show the tape or parts of it to jurors. If that happens, the defense wants to question the journalists about the interview. But lawyers for Wallace and Anderson argued the First Amendment protects journalists from having to testify if their only role in a case was to interview someone who was involved.

Neither prosecutors nor Scrushy's lawyers filed an immediate response.

Scrushy's trial is expected to last 10 to 12 weeks. If convicted on all charges, Scrushy could be fined more than $30 million, sentenced to 450 years in prison, and ordered to hand over some $278 million in assets.

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