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This is Cal Mayo’s cross-examination of Judge Lackey from just before lunch. It was riveting.

Cal Mayo, representing Scruggs, hands Judge Lackey the order sealing the case.

Q Judge Lackey, at time you assigned this order, Mr. Tollison was there with you and Mrs. Busby was in the area.

A It was in the courthouse on the square, in Mrs. Busby’s office, and she was in the area.

Q. reason for seal

A. It was a dispute between lawyers, did not want to hang our dirty laundry in public, and that’s why.

Tollison did not say who the parties involved were. Did not say whether it was lawyers who practiced in Oxford, does not believe they did not know for sure. Did not say the parties had signed an arbitration agreement. Did say there were settlement discussions. Said sealing might keep help from hanging the dirty wash out.

Court sustained objection about Tollison’s conversations about the seal with Lackey and Tollison.

Proffer: Tollison’s office prepared the order. Never prepared an order sealing a case like this before, never asked.

There was a discussion with Balducci about a conversation with an attorney from the Tollison law firm. This was a total fabrication. I was giving him a reason for me getting back into the case. Had been to a retirement reception for Doris Patton, retiring as a deputy circuit clerk. Did talk to Christine Tatum at that reception. She had severed as a law clerk for me and Judge Kenneth Coleman. Did not realize until that time that she was in the Daniel Coker firm, representing Scruggs’s side. Thought to use that as an excuse. I said Bill Duke had pointed out Tatum’s office outside. That was a complete fabrication, the story about Bill Duke was a complete fabrication. He was not there.

I was feeling like a lost ball in high weeds, did not know which way to turn, and wanted to bring this to a close if I could.

Asked if Judge Lackey made a comment in Late October –words to effect that Tollison had called and said not to call until he gets latest memoranda. "Tollison never called me on the phone. I was not being truthful to him [Balducci], and thought he was not being truthful to me. That may not make a difference, his truthfulness to me.

The first time I met Tim Balducci he was practicing in Oxford, I believe he had been with Langston after getting out of law school. The first time I met him he was practicing in Oxford. Was public defender at one time, tried a lot of cases in front of me. This was after 1993, after Judge Lackey went on the bench.

Q. Did Mr. Balducci at times have discussions with you about the do’s and don’ts of practicing law and how to be a better lawyer?

We talked about many things over the course of years that I knew him. I never talked to him about how to practice law.

He called to set up a meeting. Did not mention anything about the Jones case or about paying money. In setting up the meeting just said he had something of importance he wanted to talk to me about, and I said I would be glad to see him, and I was glad to see him. I had not seen him in a long time.

Was concerned enough about the call that before he got there I called Judge Howorth to ask him what he thought, and we thought he wanted to be the public defender again. I did not know before that he had come down to set up his own firm.

Does not believe he mentioned the judges coming on of-counsel in his firm at that time. Later did, got an announcement about the firm he sent out, with Judge Gillespie, Mr. Peters, maybe Bill Allain, know he discussed former Gov. Allain, former chancellor Rodney Shands.

There did not come a time I told him I was involved in the case. I was shocked. He knew I was incensed. I was incensed. I actually became physically ill.

Balducci did not tell me, "I will give you this of-counsel position if you do this for me. " He did not say that but that was my perception.

I did not know who was involved in sending him to me. He mentioned he was there for Scruggs, Nutt, Sparky whose last name I could not remember. He mentioned Nutt was putting up a million dollars a year.

After the meeting with Balducci I talked with Judge Howorth about my obligations to report it. He knew as I did my obligation to report it. I felt like a lost ball in tall weeds, did not know who to turn to. I did not know what kind of monster we were dealing with. Talked with Judge Howorth on the phone. First person he contacted was Kent Smith, Balducci’s former law partner, and asked him what character flaw have I exhibited that would make Tim believe I would do something like this. I then called Judge Howorth and went to Mr. Stallings, the asst district attorney, and he told me what Mr. Hood told me about being threatened on behalf of Mr. Scruggs. (Note: Stallings had been an asst DA under Hood).

Talked with Kent Smith who was running for judge. I ran up with him and pulled him over and said I was wanting to talk to him about something that was really bothering me. This was one of the hardest things I have ever had to do. I considered Mr. Balducci a friend, but the law has been good to me too.

Hailman: Don’t do anything, don’t report it to the bar until I have had a chance to report it to my people.

Reported it to Chief Justice Smith, had meeting with him, he was shocked, and we decided it would be best to allow the investigation to proceed without reporting it to people who it might get back to those under investigation.

In May conversation, called Balducci, and he said they had changed their tactics.

There was not any mention of money till I brought it up. I said this show has got to stop, I had been living it since March. I hoped that if I mentioned money, he’d say wait a minute, judge, you’ve got me wrong. That would have been the greatest gift he could have given me.

I asked him if I take care of Scruggs will he take care of me, and he said that would be no problem.

Mayo goes over Balducci saying he didn’t want Judge Lackey to do anything he wasn’t comfortable with.

Q: In May, Balducci had made no quid pro quo? "He was lying to me and I was lying to him, was what was happening. "

Did you have any discussions about recusal with FBI or US Attorneys office about your recusal before you did it? Sent letter recusing myself, my decision. Did not feel I was getting anywhere, was frustrated with the situation. I reported it to the FBI agent.

After talking to the FBI agent and after realizing what a monster we were dealing with and the lives he had probably destroyed and the young lawyers and their families he had destroyed, I got back in it.

The monster was Dickie Scruggs.

Q. Who told you he had destroyed those lives.

A. I did not realize what a monster we were dealing with fully until now. I realize what he has done to destroy our profession, more than anything in my lifetime. Tim Balducci had told me Scruggs knew.

A. Did not discuss the lives Scruggs had destroyed at that time.

Delaney and Hailman to get back in the case.

Even before qualifying date for attorney general that Hood had told his good friend Lon Stallings about the threats to him and I believed them to be true.

Between May 21 and June 4, conversations with Balducci about the fabrication about why I got into the case and why I got out.

Over the summer, Balducci had mentioned the of-counsel people, Peters, Allain, that Allain had cut a tape for them for down on the coast to encourage people to come sign up for them to sue the insurance companies.

The FBI had encouraged Judge Lackey to ask for money. "They had encouraged me to ask for money, and I was reluctant. If Tim had said, "No judge, you misunderstood me,’ there I would be asking for a bribe. I was ambivalent about it, I’ll tell you the truth. "

At a pause: Judge Lackey: "Cal, while I am thinking about it, let me give you your check back. I was here anyway.

Mayo: I did comply with the rules.

Judge Lackey: That check was for travel expenses.

Judge Coleman to Judge Lackey: Want to ask him if he’s wearing a wire?

Discussed transcripts.

About the 40K: "Really I thought I’d overpriced myself to tell you the truth, from the tone of his voice, and I told him if he could deliver half that would be fine. "

Talked about Balducci saying "this is just between you and me. " Lackey does not recall that, but says "if that’s what the transcript says. " Reads transcript where Lackey says "I would think Mr. Scruggs would have to know about it " and read the business Balducci said about solving a problem for Scruggs. Lackey says that’s what he told me, but apparently he was telling me a tale. That’s what he plead guilty to doing.

Recusal: Called Mr. Hailman to tell him. He was out, called my home at 10:30 that night. I was asleep. My wife did not know who John Hailman was so she did not wake me. I called Delaney the next day.

What did agent Delaney tell you about Scruggs: Indicated that there might be some problems with other cases. Now he didn’t mention what other cases at all. I knew from my information and if it was true that Jim Hood had told Lon Stallings that Mr. Scruggs through Mike Moore had promised him if he did not go along with the settlement of these State Farm cases and allow them to collect this $26 million dollars in attorneys fees, that they would find a candidate who would run against him and they would fund it just like they were going to do to the commissioner of insurance.

Mayo moves to strike, and judge notes it was in response to his question.

This is one of the reasons Lackey got back in the case. "The more I thought about it, that you could sell or buy a judge’s decision like buying a can of coffee or a sack of sugar, it absolutely infuriated me, and I am still upset. "

At that time there had been no offer of money to buy me, no money other than a position. Mr. Balducci made that pitch, he sure did.

Tollison redirect

Q. From the time you became Judge in February of 1993, have I ever one time discussed the substance of any case I have had in court with you?

A. Ex parte?

Q. Yes sir.

A. No sir. I made you mad a couple of times.

Tollison: We are going to rest. Notes he has requested attorneys fees.