The defendants have filed a Motion to Change Venue outside Mississippi. They begin by noting that Dickie Scruggs is a really big big shot, that many hate and love him, and that State Farm has made a mission of poisoning the public view of Scruggs. The motion then states:
The print media blitz has been supplemented by Mississippi-based web logs (blogs) that report, in excruciating detail, every event in the prosecution and defense of the Scruggs criminal case, the criminal contempt case against Scruggs in Alabama, the recently-dismissed State Farm case against Attorney General Hood and the various cases in which State Farm has sought Scrugg’s testimony. See www.yallpolitics.com; www.folo.us.
The stories at times border on the ridiculous. Articles and blog postings have detailed the Scruggs family’s annual Christmas party; the flight of the Scrugg’s private plan to Dallas for a maintenance visit; and the efforts of Joey Langston to sell his ski house at Telluride.
For the maintenance trip, they footnote Lotus’s report of the trip from a couple of weeks ago. The motion makes a large point about what a big Hollywood-celebrity type deal Dickie Scruggs is. Don’t forget, he’s a big-shot; he wants you to remember that.
Update: Walter Olsen at Overlawyered demands that the truth be acknowledged: nationally-focused blogs can be excruciating, too.
I’d grant it. Probably would be the only Motion I’d grant.
Scruggs does make a good point about Dickinson and Smith. Not surprsing it was the two most conservative on the Court. Had someone said something like that about Dickinson he would have had them dragged in front of the Supremes. Wait, he already did that….
I understand why you say this, but I’m probably willing to wager that Judge Biggers says no to all of these. I would be surprised if he even does an evidentiary hearing on the motion to dismiss.
Gee. Is there a jurisdiction where jurors can’t access this blog?
No see, we have to keep fingers crossed that they do change the venue to somewhere like…California, New York…Hawaii works too. That way I can go there to cover it via my employer.
Does Scruggs really think he’ll do better in a venue where his good ol’ boy antics might not play so well? How about, say, Minnesota?
Hey, No WSJ articles came to mind…Journalist from the WSJ went to Attorneys offices in Booneville , It wasn.t about Dickie but about Joey, and it’s not so much about Dickie’s name as it is about TRENTS.
Pain is subjective and the blog coverage may very well be excruciating for the Scruggs.
Keker probably wants to get this in the California Circuit where he is the celebrity. I don’t think he likes it here where he doesn’t impress or intimidate Judge Biggers
I wish I could get that much print about my blog.
Yea Minnesota would be the perfect place for this trial. Those Northern Europeans decedents really like these types of goings on (see “Fargo”) I wittiness such from 1973-1984
The request is that it be transferred out of Mississippi to another place in the 5th Circuit which would mean either Louisiana or Texas.
Ah, Houston in summertime…
Betcha Camp Clinton would recommend New Hampshire.
admin – Houston may not be a good idea for the defense. It didn’t seem to be a lucky town for those Enron fellows LOL
OK. For purposes of discussion, I’ll go out on a limb and say that venue in the case should be transferred to New Orleans, Houston or Dallas or wherever to insure that the defendants get a fair trial. Why NOT transfer it out of North Mississippi where the case HAS generated a lot of interest? The defendants are all presumed innocent and the government’s case is what it is. What difference does it make if the jury that eventually hears the case has never even heard of the defendants?
Here’s an odd thing about the change of venue motion: Lots of information about press coverage, but not a peep about it’s actual impact on this particular division. This particular division is in the Memphis market more than any other, and the main newspaper (the Commercial Appeal) has about ignored this case. I’m willing to wager that the small town newspapers in the other towns in the division have not covered this more than a tiny amount.
And with the resources they’ve got, why isn’t there a survey about potential juror knowledge? I’ll tell you why, because folks in Water Valley, Holly Springs, Batesville, Senatobia, Hernando, Southaven, Winona, etc. just aren’t the least bit aware of this, and so a survey (if done) didn’t pan out.
The publicity feels like a hurricane from inside the bubble of those-following-the-story. Outside the legal community and outside the bubble, I think not so much.
Well, watching closely, I’m in the party of if-any-of-them-this-motion-has-the-best-chance-to-be-granted, but I imagine the government’s answer brief will pooh-pooh it with some pretty good stuff too (pollsters prolly at work as I type).
Judge Biggers won’t be hankering for weeks or months away from home, either — though of course he’ll banish that thought from his conscious mind.
This is a Britney defense..They won’t let me alone, I’m soooooooooo famous. Bet it don’t impress Judge Biggers either.
NMC–points well taken. Odd no survey and odd no affidavits. Can probably find jurors in the District that have never heard of Dickie Scruggs.
I’m thinking all these motions get shot down.
Another thought on the change of venue motion– a lot of these motions are foreshadowing the next move. The 2nd motion to continue was certainly that back in January. The change of venue motion foreshadows issues relating to jury selection and producing error relating to that. When (if) this motion is denied, Keker’s people will be vigilant to see if something develops during jury selection…
Well, Walter Olson is miffed.
Can’t say as I blame him, either.
Note to Scruggs Legal Team: Get a clue!
With all due respect to the yeoman’s effort done here at folo and elsewhere in the blogosphere, to reference what is written on blogs as rationale for a change in venue is howling-level laughable.
I’d wager than less than 0.5% of the potential jurors even know these blogs exist.
Aw, Bless His Heart.
Him’s too big a Dickie to get a fair trial.
I could totally settle this motion for them. Just give me ten minutes to call my Daddy in Shaw, MS and ask him what he knows about this case.
I’ll bet you ten bucks he only pauses long enough to ask “Who’s that?” before he starts telling me about his new back ailment and how he just can’t give up the chewing tobacco no matter what those damn whores in Washington say.
Scruggs problem isn’t “not” getting a fair trial in Mississippi. Scruggs problem is that he might actually GET a fair trial in Mississippi.
And that would be just freakin’ terrible, wouldn’t it?
Dang Butter, that was a good one and soooooo true!!
707, Butter!
Your probably right, Bud Fox, about potential jurors.
I do see how blogs can potentially impact the outcome of the trail -and this is a general comment and not specific to folo (I only comment here but I “read around”)
Scruggs’ filing correctly stated the extremes of opinion – love and hate – and the evidence of the latter is abundant on the blogs.
All it took was the mention of “buried bodies” to send folks out with shovels. Even when you assume most were sincerely trying to find the “dead bodies”, you can’t overlook the opportunity blogs provided to pick old bones.
It’s the influence blogging has or has not had on the big picture of the investigation and trial that comes to my mind.
A juror that knows nothing about blogging would probably want to learn a lot more.
Dammit Butterknife, I just spit out my drink from laughing so hard — that was funny and soooooo true.
Scruggs voluntarily moved his sleazy show from the MS coast to Oxford, in the Western Division of the Northern District of MS. Now its time for him to be judged by a jury of his new peers — a jury comprised of good rural folks with common sense and a functioning brain — as opposed to those in the land of Oz in California(Keker’s home field).
The reference to the blogs as a reason to move the venue is hilarious, since one can follow this blog from anywhere.
And complaining about the shedding of light on actual court proceedings — characterizing it as excrutiating — is likewise hilarious. God forbid should anyone acutally read documents filed in the “public domain”.
Let the sunshine in, and ignore the crying and whining. There is no crying in litigation.
Hey Butter, can I hollar at you when I’m having a shitty day to see what’s up? I get the feeling I will be better after a few comments from you. I felt like I was at a “Hat-Club” meeting when I saw your comments, you might have to explain “Bless his heart” to some of the Northerners though. WOO HOO!!!
Scruggs’ filing correctly stated the extremes of opinion – love and hate – and the evidence of the latter is abundant on the blogs.
But haven’t they (the extremes) always been there nowdoucit? I’m fairly sure they have. The difference between the past and today is that the extremes — and everyone in-between whose voice has been muted by the traditional gatekeepers — have an outlet.
You need an audience to influence a pool and that audience has to consume with some measured degree of frequency to become unfairly influenced. The blogs don’t remotely have the push or the pull.
BTW, the change of venue concludes that they want it sent out of Mississippi but kept within the Fifth Circuit and kept within a close drive of Missississippi. What, they want this trial in Baton Rouge?
Happy to oblige…I usually got at least one good line in me per day. Sometimes two…but only if I get lucky.
I’ve enjoyed reading the coverage and debate.
For the Northerners:
Bless His Heart: (v) 1. To feel sorry for a friend. (Ex, “Bless his little heart. To have all those health problems and to lose his house? I don’t know how he takes it.”) 2. A response to a long boring story about someone you don’t know who probably died of cancer; often used as an injunction to change the subject (ex, “Well, bless his heart. That just sounds horrible.Did you know there was a sale at Dillard’s on Sunday?” )3. a smartass remark often levied at someone who really deserves a good showing of the middle finger and a four letter nickname but due to one’s southern lady-like nature, one is unable to use such crude gestures and language (Ex, “Bless Your Heart, Dickie Scruggs.”)
Its how we keep ourselves Christian ’round here.
Bud 22, I think that percentage might be a leetle generous, but maybe not. Just judging from my own set of personal friends and acquaintances — people who know an actual blogger — mighty few have time and/or interest to read even their friend’s blog.
Someday, I imagine, the blogs probably will “remotely have the push or the pull” (already do in political circles), but in the general population . . . naw, that’s not only yet to come but who knows how far off.
Well, don’t know about “Christian,” Butter, but certainly “Southern.”
I don’t think they really want a change of venue. I think they want to make the motion for the change, lose it, try the case in Oxford, (where Scruggs does have a lot of friends and a chance to get a ringer on the jury), and then have one more grounds for appeal if they lose.
That’s the way I would do it.
Hey, Butter, any blog with the motto “If I was sober, I’d be sharper” is one folo’s blogroll must include, so cut yo’ eyes to the left, keed!
Now we gotta introduce you and Juanita Jean. Don’t you think so, Gardenia?
Is this Dickies’ lawyer?
If it is he sure get around
re: Bud Fox at 5:57
Sorry, I hit on the link to The Butterknife and have been laughing so hard I just flat forgot about my reply.
What I was trying to say it that if blogs have influenced anything about the case, I think it would be others involved with the case that are more likely to have been impacted than potential jurors.
For example, at one point lotus made mention of the FBI reading folo. (lordknows I hope I didn’t breaking any laws trying to cook peking duck).
Folo just shows the have good taste IMHO but there are folks making comments on blogs that are just picking an old bone with Scruggs and making a bad situation look even worse and suggesting digging to China wouldn’t be deep enough.
I appreciate the nod.
I just read Juanita’s site…and Ithink I want her to adopt me.
Ya gotta take a number on that ‘un, Butter, and I’M HERE IN LINE FOIST.
I ventured over to Butter, that is funny.
Guess I’ll have to get inline too, it’s nice to see humor on a blog from time to time.
No punt intended Lotus.
butterknife – I just snuck over to your blog – OMG I’m roflmfao!! (I think we might have the same aunt!)… I’m building a drink, lightin the grill, and takin the laptop out to ramble through your post.
Shoot, lotus, you need to add a “funny page” to the new folo – I stated thinking about what it must be like for you to wake up in the morning and take a look at the surprises we left while you were sleeping.
On second thoughts, maybe a “WTF page” might work better for a blog host view of life in the blogosphere.