The judge this morning took up two of the remaining motions: The motion to exclude other-crime evidence, that is, the bribery of Judge DeLaughter (that is how the prosecutors are referring to it in court); and an argument to dismiss counts 2, 3, and 4 of the indictment, which is basically an argument about jurisdiction and the meaning of a federal statute involving corruption in use of federal or government funds.
The first motion (other-crime evidence) took up most of the morning, and included a lot of interesting facts about the effort to bribe Judge DeLaughter. I will post more about that later.
The questions on the second motion had to do with the way expenditure of money related to the crime: whether Judge Lackey as a circuit judge uses federal funds in a way that fits the statute, or whether there was money spent such as a filing fee that meets the statute. The arguments were handled on that one by Jan Little from Keker’s firm and Asst US Attorney Sanders. They both did excellent and clear arguments on a really dry (uh, boring) topic.
After a brief recess after 11:00, the judge overruled the motion to dismiss, citing a couple of Fifth Circuit case as controlling. The statute did not require the government to prove the bribe would have a demonstrable effect on federal funds.
The court then recessed until one, at which time it will take up the two motions to sever and the motion to change venue.
NMC, did Biggers, J., let on when he might rule on excluding the 404(b) evidence?
Government has filed a motion for a sequestered and anonymous jury in Scruggs case
WHOA, nancy, that’s most interesting! Thanks!
I guess it shouldn’t really be a surprise, though, in a case as huge and hot as this one.
The C-L is reporting that change of venue motion is denied. Also reporting that US Atty’s have confirmed that DeLaughter is under investigation by the Public Integrity Unit “as we speak”. No mention of the motion to sever. Waiting on NMC for real facts.
Public Integrity, is that another “MISSISSIPPI WATCH DOG” group..or is this the SHADOW Goverment Group Division of Public Integrity.
There was some chatter here a week or so ago about the possibility of an anonymous jury. Some of us were speculating about the likelihood of a juror “friendly” to Scruggs hanging this thing up.
That’s when tiredlawyer got off with a good one about Ross Barnett, who once noted that a hung jury was just as good as an acquittal, it just didn’t last as long.
A tip o’ the hat to tiredlawyer.
I heard from a reliable source that today in court Biggers asked about a DeLaughter indictment and the gov’t said it would be coming shortly – can anyone verify???
Public Integrity Unit is part of the U.S. Dept. of Justice, not a M’ssippi thang.