folo

When he heard Lackey had recused himself, Balducci was not upset. He testified that Lackey said that a member of the Tollison firm had discussed the Jones side of the case when meeting Judge Lackey in a social setting.

Balducci recalls no ex parte contact with Lackey in any of the criminal cases. He knows of none by the District Attorney.

At this point, they had not discussed paying the judge for the order.

He had lunch with Lackey in late May or early June. They went to lunch with Patterson and Buse. He showed Lackey the office and did not know he was wearing a body wire.

He had communications with the judge over the summer.Twice he was holding court in New Albany and Balducci took his sons to court to see him. Judge Lackey came to Balducci’s office one other time. Balducci called him — not certain the number of times — more than once and less than ten. Balducci would call the judge on his cell phone. He called several times to talk about arbitration. He does not know the dates. Balducci asked Judge Lackey for his cell phone number and Lackey gave it to him.

Judge Lackey did not raise the subject of money before 9/18.

Keker asked Balducci to go into the September period.

When Lackey said “If I help them, will he help me,” Balducci was surprised. This seemed unlike Judge Lackey. The whole thing was awkward. Balducci said think about it and get back to me.

Balducci talked to Patterson, discussed that the judge was clearly telling us he wanted money to enter the order, and had not said a specific amount. Patterson said we need to find out how much. Balducci did not tell anyone at Scruggs firm about this at this point.

Then Balducci went to see the judge and the judge said he needed money to get over a hump, needed $40K.

Up to this point, Balducci had not done anything he thought was a crime. Balducci said “I feel sure I can do it.”

Meeting of 9/27: Went on 9/27 with Patterson. Balducci had money to give to the judge. Got it out of the bank. At this point, is not sure whether Scruggs had got word or not.

Knows he’d had conversations with Backstrom about it and understood Backstrom had talked to Dickie and Zach. The conversation with Backstrom was after the meeting where Lackey told Balducci he wanted $40K. Talked to Backstrom immediately after he left the judge and asked him, “Do you want me to go forward with this and will you pay us back?”

Backstrom said this situation with Judge Lackey sounds crazy. Backstrom called back later that day or a day or so later and said, “Yes, go forward.”

Steve more than Jim wanted direct confirmation from Dick. He wasn’t satisfied with talking to Sid. Patterson said he’d get direct confirmation from P.L. Blake. Patterson called Blake. Patterson wanted direct confirmation that the money would get paid back. $40K was a big deal for the firm at that time. Patterson and Balducci did not want to do this and not get their money back.

On redirect examination:

Was Scruggs represented? By Daniel Coker. No one from Daniel Coker participated. Lackey did not bring up Jones v. Scruggs at lunch in New Albany.

9/21 meeting: When Judge Lackey mentioned $40K, Balducci said yes, this would not be a problem.

Next: Balducci talks about another bribe attempt!