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Kirksey goes for sanctions in Wilson v. Scruggs

March 5th, 2008 @ 1:20 pm - by lotus · 36 Comments

H/t to Jane for espying Jerry Mitchell’s update on the Wilson v. Scruggs case:

Attorneys for a former law partner for Dickie Scruggs are seeking sanctions against Scruggs and others because of an alleged bribery scheme to influence the trial judge.

In taking the first step toward those sanctions, lawyers for William Roberts Wilson Jr. are seeking a new judge in the case.

Circuit Judge Bobby DeLaughter heard the case before, and Wilson’s attorneys are asking that he and all other Hinds County judges step down from hearing the case.

On Jan. 4, DeLaughter stepped down from all cases related to Scruggs, but did not on this one – “a failure which was more likely than not an oversight on his part,” wrote Wilson’s attorney, Bill Kirksey of Jackson.

The wind under Kirksey’s wings is Joey Langston’s testimony that Dickie paid “a reverse contingency fee of $3 million to him, former State Auditor Steve Patterson and DeLaughter’s former boss, then-District Attorney Ed Peters” and Tim Balducci’s that DeLaughter was bribed not with cash but with a federal judgeship dangled by Trent Lott’s phone call inviting him to apply.

Wilson’s attorneys are asking other Hinds County judges to step down because the allegations involve a fellow judge. “According to sworn statements of at least Mr. Langston and Mr. Balducci such actions did result in corrupt influence including bribery as alleged by Mr. Langston and Mr. Balducci,” Kirksey wrote. …

DeLaughter has denied taking a bribe, denied any wrongdoing and said he followed the law in all his rulings.

He told federal authorities he became aware in 2006 that some people were trying to improperly influence him to rule in favor of Scruggs in this legal-fees dispute. He also told authorities he wasn’t certain if he was influenced or not.

Langston and Balducci have said DeLaughter shared his proposed orders with Peters prior to the orders being entered.

And of course, those orders made such happy reading for Dickie and associates that now agents of DoJ’s Public Integrity Division are sniffing at them “and have been interviewing witnesses in Mississippi.”

Maybe they’ll be able to figure out how Bobby’s claim to Mitchell that “he never was approached in the case and, if he had been, he would have reported it to authorities” co-existed with Ed Peters’ ability to get hold of orders he hadn’t yet filed. You reckon?

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Filed Under: Herald & Examiner

36 Responses so far ↓

  1. confounded says:

    maybe Peters just had go ole “ESPN?”

    nah. . .

  2. Jane says:

    Once they work out what judge will hear the thing, I guess they’ll then have to wait for the feds to bring back the file. Sounds like another Jarndyce.

  3. DeltaNative says:

    Any folo correspondents in Jackson able to procure a copy of this filing? Is there a JMC (Jackson Miss Commenter)?

  4. Jane says:

    I’m in Jackson. But the easiest way to get a copy would be to shoot an e-mail to Kirksey but his bar listing contains no e-mail address.

  5. lotus says:

    Another Jarndyce, Jane? What it is?

    Ooo, wouldn’t a JMC would be good fun, DN! I think we just might have a candidate too . . . in closer proximity than you may immediately notice.

  6. lotus says:

    Yoohoo, Mr. Kirksey, see our email addies up top right?

  7. lotus says:

    (See what I mean, DN?)

  8. Jane says:

    http://en.wikipedia.org/wiki/Jarndyce_and_Jarndyce

    Never made it through the book but the PBS miniseries was good.

  9. lotus says:

    Oh, excellent, Jane!

    “Dickens used it to attack the chancery court system as being near totally worthless, as any ‘honourable man among its [Chancery's] practitioners’says, ‘Suffer any wrong that can be done you rather than come here!’”

    Has a real Mississippi ring to it, awright.

  10. magnolia says:

    Jane// Was gonna look my friend Sparah up and dang all sites have been took down, guess she retired early and went to the holy land to get eddification and hasn’t located it yet.

  11. Dragoman says:

    My God, he looks drunk!

  12. magnolia says:

    Makes you wonder who looked at the proofs.

  13. Dragoman says:

    Looks about 80 proof to me.

  14. Sailor says:

    “…he wasn’t certain if he was influenced or not..” maybe cuz he was Under some Influence?

  15. lotus says:

    Y’all, don’t walk, RUN to the new post.

  16. NMC says:

    I have a copy of the motion Kirksey filed, but have been confounded by distractions (and the new story from the OxEagle) and have been unable to get it up. Will do in a moment.

  17. confounded says:

    maybe bobby’s been into ed’s stash!!

  18. My Thoughts says:

    Anyone else get tickled over NMC’s 19?

    Okay, back to the serious stuff…

  19. Sailor says:

    Got it, MT. Think he’s plum wo’ out after all this thinking and writing and expounding for us.

  20. My Thoughts says:

    I see that he WAS able to get it up though

    (can we make racy remarks on folo?)

  21. lotus says:

    (Sho, MT, just so long as you don’t start talking about stuff that sends me to Wikipedia!)

  22. My Thoughts says:

    Outta my system… I”ll behave now

  23. NMC says:

    I have a doozy of a post I’m working on if I can get a break from work… ya’ll watch tonight for something ….

  24. lotus says:

    Any little hints?

  25. iratetoday says:

    NMC, you are the man!

  26. Seacrest says:

    Not sure if anyone saw this story about Delaughter

    http://www.jacksonfreepress.com/comments.php?id=16439_0_9_0_C

  27. MSlawyer says:

    Can’t wait to see it, NMC.

  28. iratetoday says:

    Wow, the JFP has reported on the Shelton fiasco! Kudos to them as this will be in the print edition I imagine. Goes to show that the Ledger isn’t fit to use as a-swipe as I don’t know how many emails they got about this as well as phone calls and they still have not reported on it.

  29. iratetoday says:

    And the JFP also gives folo a mention in bringing the Shelton matter to light. Let’s give hand to lotus and NMC!!!!

  30. MSlawyer says:

    While we’re waiting for NMC’s latest, here’s something from the American Lawyer linked on the WSJ law blog.
    http://www.law.com/jsp/tal/PubArticleTAL.jsp?hubtype=Inside&id=1204212420558

  31. lotus says:

    Ha, MSlawyer! I no sooner post on that than I look up and see you been there too — GMs an’ all, right?

  32. Seacrest says:

    To the link above, it pretty long read.

    you get mentioned

    The anonymous bloggers at http://www.folo.us –a Web site of attorneys and others mesmerized by the Scruggs case –has meticulously catalogued the legal morass surrounding Peters, Patton and Jackson attorney J. Keith Shelton.

  33. My Thoughts says:

    Gone all day… did I miss something… I thought NMC teased us last night about a new post, but I haven’t seen any by him since.

    ??

  34. lotus says:

    ?? me too, MT.

  35. My Thoughts says:

    Nothin’ worse than a tease