It’s interesting to look at what we have and don’t have in the way of transcripts of conversations in U.S. v. Scruggs that we know were recorded. In the list of transcripts included in the Motion to Suppress, two stand out:
- A May 3rd or 4th, 2007 conversation that is the call the indictment against Scruggs alleges was where Balducci told Lackey that Scruggs’s side had “changed their strategy.” The Scruggs motion to dismiss notes in a footnote on page 12 that, while the government listed calls on May 3rd and 4th in their list of calls, produced two copies of the same call, one labeled May 3rd and 4th. We haven’t seen either.
- An October 18, 2007 conversation between Balducci and Sidney Backstrom where Balducci said he’d delivered a copy of “those papers you’ve been waiting on.”
Additionally, the government lists a number of conversations between Balducci and Judge Lackey that aren’t mentioned in the indictment and that aren’t included among the exhibits to the motion to suppress. Those conversations occurred on May 29th, September 20th, and October 4th, 16th, and 31st.
Updated: to add information from the Scruggs motion to dismiss.
