Was taken up completely by the testimony of FBI Agent Delaney, about his affidavits for the wiretap of Balducci (and its extension after 30 days), the wiretap of Patterson, and the search warrant of Scruggs office. Not as exciting as this morning, but some interesting details. The judge asked for a brief on a standing issue– whether there had to be probable cause only as to, say, Patterson when the wiretap of his phone was put in place, or whether there had to be probable cause as to the three defendants. I think the answer to this question has to be “only as to Patterson”. The judge also asked Keker and the government to list the facts that were not in the affidavit and the misrepresentations (what the government will say about that other than “none” is not clear to me). These are due Monday. He recessed about 3:40 until 9:30 tomorrow when he will take up the motion to dismiss counts 2, 3, and 4, the motion on other crime evidence, the motions to sever, and the motion for a change of venue. He says those will go shorter.
More details in a bit.
