Alyssa Schnugg at the Oxford Eagle is reading through those transcripts carefully, and has come up with a scoop. Remember the post about a 2nd bribe attempt by Balducci– “Balducci doubles down. It doesn’t work out”? Alyssa has gone back to that transcript and, in today’s Oxford Eagle, tells the story of the case Balducci was attempting to derail with more bribery. It’s a great story of some of the human damage Balducci’s bribery schemes could have inflicted.
Politics, alleged payoffs cited by family, court transcripts in delaying justice
By Alyssa Schnugg, Staff Writer
Katie South knew something wasn’t right.
Her husband, Joe, has been dead for almost three years and the man charged with his death has still not gone to trial. She was promised the case would go to trial in November, only to face another disappointment when it was continued again.
"No one would give me any answers, " she said Monday. "I’ve been fighting every day for three years. I’m emotionally and physically drained. "
Joe South was killed on Feb. 4, 2005, while driving to work at Dolco Packaging in Memphis, Tenn., from his home in Abbeville.
According to court records, South was traveling north on Highway 7 a mile north of Waterford when a car, driven by Darron Lee Minor, slammed into him. Minor was traveling south on Highway 7, but for unknown reasons, lost control of his vehicle and crossed over the center line into South’s path, killing him.
Minor, nephew to Northern District Transportation Commissioner Bill Minor, was charged with aggravate DUI in January 2006.
The Langston Law Firm of Booneville was hired by Minor’s father for $30,000 to defend him, according to court records. The attorney on the case, Timothy Balducci left the firm, led by attorney Joey Langston, shortly after and took the case with him.
Trials ahead
If the names of the attorneys sound familiar, both have made local and national headlines in the last few months after being indicted for attempting to bribe judges.
Balducci was arrested in early November for his role in a scheme to bribe Circuit Judge Henry Lackey with $40,000 for a favorable ruling in a lawsuit against attorney Richard "Dickie " Scruggs. He pleaded guilty on the day of his indictment and has worked with the FBI and the U.S. Attorney’s Office in their case against Scruggs, who was also indicted.
Scruggs’ son, Zach, attorney Sydney Backstrom and former State Auditor Steve Patterson were also charged in the case. Patterson has also pleaded guilty to the charge and is awaiting trial. The Scruggses and Backstrom are set to go to trial on March 31 in Oxford.
In December, Langston was indicted for bribing Hinds County Circuit Judge Bobby DeLaughter in an unrelated case. He has pleaded guilty to the charge and is also awaiting sentence.
The investigation was sparked when Lackey was approached last March by Balducci, who asked Lackey to rule in Scruggs’ favor during the civil lawsuit that involves $26 million in legal fees over Hurricane Katrina litigation.
Lackey contacted the FBI, and for several months, Lackey’s phone and office were tapped to try to gain evidence against Balducci and the others.
The taped conversations have recently been made public. The mass of recorded conversations covers months of telephone calls and personal visits between Balducci and Lackey. They are easily accessible on various Internet blogs and Web sites that have posted links to the transcripts.
Seeking explanations
It was within those transcripts that South found part of her answer as to why her husband’s accused killer had not gone to trial in November.
"My niece is a stay-at-home mom with two small children so she spends a lot of time on the Internet, " South explained.
"Last week, she called me up and told me she had something to show me but that I wouldn’t like it. "
South read over the section of transcripts her niece sent to her while she was on the phone with her.
"It was like a dream, " South said. "My niece kept asking me if I was all right. "
The conversation was recorded on Nov. 1 — the day Balducci dropped off the final payment to Lackey and was later arrested by the FBI. During their conversation, Balducci brings up the case against Minor.
Balducci: "This one, this one’s kinda tailor made … for, for, for this sort of deal. "
He explains the relationship between Minor and his uncle.
"Big politicos. Got money. You know? Been around for awhile … Darron Minor, Bill’s nephew, is just a habitual (expletive). I mean just, there’s no other way to say it … Just drugs, alcohol I mean just a … been involved you know, never been arrested for felony, but has had just all kinds of damn DUIs and simple possession of marijuana …
"Darron is involved in a vehicular manslaughter … gets indicted for it … Early one morning, bad, heavy fog, he’s going down the road and he crosses over the center line, hits a man head on and causes a collision. Then another car trailin’ ‘em rams in from the rear and hits that car. OK? Man died. OK? "
"Illegal’ tests
Balducci goes on to describe how the Mississippi Highway Patrol officer working the wreck orders a blood test on Minor, but unfortunately, he ordered it under an old statute that was deemed unconstitutional by the Supreme Court. The test, according to Balducci, was positive for amphetamines and methamphetamine.
Balducci: "I mean, our guy’s tanked up. But the DA’s office has conceded that that’s an illegal test, OK, that they can’t use that as basis of his prosecution. "
Minor was apparently wounded in the wreck and while being treated at the hospital, was given a urine test that came back positive for methamphetamine. A year after the wreck, he was indicted.
Balducci and Lackey discuss how the second test could be considered privileged since the urine was gathered while being cared for medically without permission and that Balducci plans to ask the court to dismiss the charge against Minor.
He explains that Minor’s family paid Langston $30,000 for his firm to represent Minor, but Balducci said that when he left the firm, the $30,000 was not paid to him. He told Lackey he planned on going back to Minor’s family and asking for another $20,000 since he never got paid by Langston.
He offers Lackey $10,000 to rule in his favor.
Balducci: "I think I’ve got a good theory. I think I can get the legs cut out of this beforehand, gimme twenty grand to do it, and if he does, then I thought me and you could split it and we could, you know, we could get it taken care of. "
Debating delays
Lackey, knowing he’s being taped, agrees. Balducci asks Lackey to continue the case for him in November.
Balducci: "We’d put it off ’til February and then I’ll file a motion to quash in the meantime after I get paid. "
The case was continued, but District Attorney Ben Creekmore said it wasn’t because Lackey did what Balducci requested. In fact, it was Judge Andrew Howorth who continued the trial in November until March 27.
Since Balducci was arrested a few days after the conversation, Minor was without representation and a new lawyer had to be appointed. Attorney Casey Lott entered an appearance on Minor’s behalf but quickly pulled out. Attorney David Hill took over as defense attorney about two weeks ago, Creekmore said.
"We expect the defense to motion for another continuance, but we will vigorously oppose that, " Creekmore said. "It’s a shame this case has taken so long to come to trial. "
Creekmore denied that the attempted bribery by Balducci caused any of the previous delays in Minor’s trial.
"To say that the Scruggs case delayed this trial would be fair but only from the November trial date until the March date, " Creekmore said. "But this story is about what Darron has done. And he’s going to be tried on that. "
But for South, she won’t believe it until she sees it, she said.
"It’s gone on too long. It’s to the point of ridiculousness and Joe’s still dead, " she said, her voice breaking with emotion.
"The longer it’s put off, the less people remember. I’ve got to fight and no one will listen. It’s been three years of torment. It’s not just the fact your husband was killed for no reason, it’s that everyone fighting me every step of the way to bring him justice. "
Minor’s trial is set to being March 27 in Holly Springs.
–alyssa@oxfordeagle.com
Alyssa Schnugg, Staff Writer Oxford Eagle
BRAVA, ALYSSA!
Bribery aside, I’m horrified with the ease Balducci seems to engage in ex parte communications w/ the judge. Makes me wonder about his communications w/ other judges in other cases. He seems so casual..
Thank you Alyssa, Thank you lotus, Thank you Folo Bloggers.
Before I say my comment I want to preface it with the fact that I believe that the alleged criminal conduct in the civil proceeding we have all been debating since November is horrible- But the idea that there is similar behavior altering the outcome of criminal proceedings somehow makes it much worse to me- I was very disturbed when Hood said in his interview a couple of weeks ago that he was close to Joey because they had tried Death penalty cases together- all I could think was WTF?? Weren’t they supposed to be on opposite sides in those proceedings? What has really gone on??
Sailor// Its a way of life in the Mississippi Judicial System. A couple years ago a lawyer taped one of our Justice Court Judges making a phone call to a party that was coming in front of him ex parta and played it in open court and called the commission and played it and nothing was every done…and I can tell you the party that covered it over, IT”S CALLED THE GOB’S IN POWER for the last 25 years and most of these GOB’S was either room mates or class mates at our beloved Law School.
Disgusting on multiple levels…
Magnolia, you need to elaborate on your post. Sounds like a helluva story that needs to be told!
iratetoday//Everyone in life has a need for a talking buddy and mine just happens to be a career clerk in the Court House..She talks daily of retiring and when this happens it would make a fab read.
Note Alyssa’s passage, “Since Balducci was arrested a few days after the conversation, Minor was without representation and a new lawyer had to be appointed. Attorney Casey Lott entered an appearance on Minor’s behalf but quickly pulled out. ”
Interesting email just in, that I can’t confirm but see no reason to disbelieve: “Just so you know and not that it has anything to do with anything but Casey Lott is Joey Langston’s nephew (his older sister’s son).”
Well, if my emailer has that right, it’s an intriguing combo of world-enough-and-time, I’d say.
magnolia: mmmmm, just thinkin’ Justice Court judge “was either room mates or classmates at our beloved Law School”? More like barstool mates as ya know a JP don’t have to have no Juris Doctor. I get your GOB point, however.
Howorth continued that to this March? Wonder why.
I recall he seemed pretty gung-ho about getting it tried in November when I was trying to schedule something in November ….
lotus: Casey LOTT? Any other connections?
Lotus
This him?
http://www.thelottlawfirm.com/attorneys.htm
Reckon so, Seacrest . . . and Bubba too.
*sigh*
Bubba/Duncan was married to Joeys sister, they are divorced and Bubba is remarried. Casey is a nice but very young and new attorney.
Is Casey any kin to Trent?
And smart apparently for getting out of that mess quickly.
That I do not know. Ref to 16.
I don’t think those Lotts are kin to Trent, but I could be wrong. I know Casey’s mom, Cindy (Cynthia Langston Lott). She is Joey’s sister, as Stormy pointed out. I believe she practices in Jackson now, but she’s had a lot of difficulties, bless her heart.
casey is a young lawyer, great person and not involved in any of this bad stuff nor would he ever put up with anything like what tim and joey have done.
This question hasn’t been answered yet for me: how and when did Balducci become so “familiar” with J. Lackey?
How far back in time does their cordiality extend? How many times pre-USA v. SCRUGGS have Balducci and the judge developed “work-arounds” or otherwise collaborated on cases, whether civil or criminal?
USA v. SCRUGGS shows an overly simplistic series of events beginning with Balducci’s early-2007 visit with J. Lackey, followed by Lackey’s being shocked … SHOCKED … that something improper may have been discussed.
J. Lackey could have, and in my view should have, immediately cut Balducci off with something such as, “Mr. you are way out of line. Don’t you EVER try to backdoor me on a case. Don’t you EVER think our years of shared legal experiences entitle you to earwig me. I will give you the benefit of a doubt by concluding that perhaps … PERHAPS … I misinterpreted or misunderstood what you just “proposed” to me. But this is a one-time pass. If I ever again have reason to doubt your bona fides or to find you acting unethically, I will formally report you to the Bar.
But apparently nothing such as that occurred. And that in itself raises questions I’d like to have answered.
TB graduated in 1991. He started working with Joey Langston right out of law school. After less than a year, TB and his friend started their own firm in Oxford, taking any type of work they could get. They developed a good practice, including taking public defender appointments. During this time, he met then atty Henry Lackey of Calhoun County who was later appointed to the bench by Kirk Fordice @ 93. (This the mentoring period as related by TB.) TB and his firm merged with a Tupelo firm. Eventually the firm broke apart (remnants still around). Thereafter, TB went back to work with Joey where he did mostly mass tort work. He rarely, if ever, practiced before JLackey.
As for your question as to why JLackey did not give TB a free bite of the unethical apple- he cannot. I believe JL is a member of the Judicial Perfermance Committee – it is his duty to judge other judges for improper behavior – how can he be a judger of judges if, he, himself, does not report illegal and unethical behavior?
Judge Lackey did exactly what he was supposed to do – report behavior that attempts to corrupt the judicial system. Aren’t we glad he did? If he had not, we wouldn’t all be addicted to this blog.
ben where do the rules of ethics for judged or lawyers provide for a one time pass? Nowhere. But weren’t you just arguing the other day that chatting up a judge was okay because all the gobs do it?
dear lost: contrast lackey’s conduct to that of delaughter. Ugh.
Ben Cole – 21 – If Judge Lackey had ever done anything improper or illegal with Balducci before, he sure took a hell of a chance letting the FBI wire up his office and phone, knowing that Balducci could easily make reference to it at some point during the several months he was monitored.
But, nice try. Although this was one of the Scruggs supporters and defenders popular positions when the indictment first broke, it got discredited to the point that they all moved on. I guess we have come full circle, there are no more new arguments to be made in Scruggs’ defense, and we get to start over again with the old ones.
So to recap.
1. No, everybody isn’t doing this kind of stuff as they practice law.
2. The people who report this type of activity and who try to stop it, are not the problem or the bad guys.
PS. The “Balducci is a wanna be and just wanted Scruggs to be his friend too bad” argument got worn out so thoroughly, I don’t think we could stand to have it recycled again.
observer and Ben, I reckon I myself came as close to being a first-take Scruggs supporter/defender as any I’ve heard of — not for any knowledge of him (of which I had zip) but for my massive distrust of any move from this DoJ. But that stance gave way to new information within, oh probably, something under five days.
Lost has described Balducci’s career. A little more elaboration: A public defender is in the circuit court constantly. When Balducci was public defender in Lafayette County, Lackey was one of two circuit judges there. Balducci would have been before Judge Lackey with hundreds of cases during that time.
I am Casey Lott’s brother Bryce Lott. Casey and I are Joey Langston’s nephews and our mother is Joey’s sister. We are not related in anyway to Trent Lott nor do we have any ties to him. I just thought I should clear things up for those of you who have nothing better to do than play on the internet all day and insinuate unfounded conspiracies while cowardly remaining anonymous.
*sigh*
Welcome to folo, Bryce, thanks for the info, and come back anytime.
Several years ago, Ms. Schnugg covered the Eldrod Estate case as a reporter for the Charlotte Sun-Herald. (www.sun-herald.com). I reside in Ms. Schnugg’s former beat. My wife and I have experienced one episode after another of Judicial Terrorism. What’s that? Judicial Terrorism is the process by which the guilty attack the innocent via the Courts, so as to make a clean get-away and cover their tracks with the remains of the innocent. Judicial Terrorism is rampant. It violates the rights of the innocent while thugs escape.
In my case, a Living Trust which governs family assets upwards of twenty million dollars was diverted to another gang of HMO crooks, http://www.lifespan.org. Yeah, that’s my name you see atop Lifescam’s “Zecchino Pavillion”.
There’s quite a bit to this, you might call it the Elrod Estate Caper meets Mr. Balducci. People are dead before their time on account of those who took what didn’t belong to them.
When we detected the illicit activity of The Zecchino Estate Grifters, they became irate. They lied in court and obtained an illegal restraining order against me. I was denied my right to present exculpatory evidence which proved that these thugs – including lawyers Mark V. Silverio and George Allen Wilson, II of Cheffy “We Make Housecalls!” Passidomo and “Perjury Pat” Stoye – are either malicious liars or just plain nincompoops.
This ‘easily dismissible, nuisance restraining order’ strangely became the beast that two lawyers didn’t dare fight – after The Zecchino Estate Grifters sold a condo handed them free by my ninety-something demented father, for seven hundred thousand dollars.
When I discovered that smoking gun, among others, I went public for the same reason as did Gennifer Flowers – to stay alive and warn the public about this ‘crime syndicate’.
Must’ve hit a nerve. Now, the bums are suing. Check out http://www.collierclerk.com, Case No. 08-619-CA. They’re whining about ‘defamation’. In their suit, they falsely and maliciously defame us. Isn’t that just like criminals? Always accusing others of what they do?
Make no mistake. This is a racket in which people were murdered so that millions could be unlawfully diverted to a mob-influenced HMO.
These vomit-bags of avarice answer questions with silence, lies, and Judicial Terrorism.
Different from them, I like questions. I’m only too happy to answer them. If I don’t have the answer, I’ll either try to find it or tell you I don’t have it.
These creeps remind me of TeamBalducci – congenitally incapable of telling the truth.
Never threaten to go public. Just do it. Just like Gennifer Flowers. Go public. Scream. Loudly. Don’t stop. Isn’t that why she’s alive, while many of her peers who remained silent are not?
Isn’t that why The Zecchino Estate Grifters are suing us? Because by going public we thwarted the more dire of their plans for us, and thus are alive to sue?
Aren’t criminals tedious?
Paul Vincent Zecchino
Manasota Key, Florida
29 March, 2008
milspec390@aol.com