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From the Sentencing in the Scruggs case (multipart)

June 27th, 2008 @ 12:05 pm - by NMC · 7 Comments

Update:   First para is newly added.

When Dickie Scruggs came into the courtroom, he went straight to the front after his wife and Zach had come in and sat down.  The defense said that it did not need argument on the guidelines issues.  The government began by offering two exhibits– the Jones suit and a letter on March 9, 2007 from Scruggs to the Jones firm.  The exhibits were offered  to corroborate their view of the amount. From there, Judge Biggers announced he was turning to the intended benefit issue..  The judge noted he could consider the amount of the bribe or the benefit the defendant expected to receive, $4m according to the government.  This case, he said, was not about the amount of money, but rather the purpose or effect of the bribe. The bribe amount, the court concluded, is not reasonable.  There is no doubt that the defendant expected more than that amount in benefit, and did not want his case heard by a local jury and was willing to risk conviction and prison to get that.

The judge concluded that the amount involved was $400k, although he said that was low. He concluded that Scruggs was a leader in the scheme, that he sent Balducci to talk to Judge Lackey, “starting a scheme to corrupt the integrity of the Lafayette County Circuit court whether money was involved at that stage or not.” There is “no doubt in the court’s mind that Scurggs was a leader, planner.” He noted that Backstrom did not make decisions on his own– he’d tell Balducci he would get back to them.

Judge Biggers sustained the objection about 404b evidence, about “another case in another court” involving testimony of Langston, Balducci, and Patterson. “That is something the defendant will have to answer for later but not a matter this court will consider in this case.”

The court would later in the hearing come back to that other crime evidence, twice.

One answer about “what do those letters mean”: The judge responded to a complaint in a letter that incarceration would be a waste of the taxpayers’ money by upping the fine to account from the cost of incarceration. Those in the courtroom mostly heard this to mean a $250K fine plus the cost, although I wasn’t sure.

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Filed Under: Herald & Examiner

7 Responses so far ↓

  1. confounded says:

    what’s the part before the . . .

  2. lotus says:

    Anita Lee

    DJournal

    AP in NYT

    MarketWatch

    C-L running one sentence of the AP story.

  3. lotus says:

    From Anita’s story:

    “I could not be more ashamed to be where I am today. I realized I was getting mixed up in it and I will go to my grave wondering why. I have disappointed everyone in my life – my wife, family and friends here to support me today. I deeply regret my conduct. It is a scar and a stain on my soul.”

  4. lotus says:

    From Patsy’s:

    In addition to the prison term, Judge Neal Biggers Jr. on Friday sentenced Scruggs to three years of supervised probation upon his release from prison, and ordered him to pay a fine of $250,000, due in 30 days.

    Scruggs will serve his prison time at the Federal Prison Camp in Pensacola, Fla. Biggers also ordered Scruggs to pay for the costs of his incarceration, which are unknown at this time.

    As Biggers was speaking to Scruggs in the packed U.S. District courtroom, Scruggs almost fainted while standing and a chair had to be brought out for him.

    Biggers also told Scruggs, “Balducci said you know where a lot of bodies are buried. You might help yourself if you talk about that.” …

    Mississippi legal system-watchers think Balducci and Patterson, as well as disgraced Booneville attorney Joey Langston, will not be sentenced until the government is through with them in investigating Langston’s allegations he helped Scruggs, Balducci, Patterson and former Hinds County District Attorney Ed Peters to bribe Circuit Judge Bobby DeLaughter for favorable rulings in another legal-fees case, Wilson v. Scruggs et al.

    No one besides Langston has been accused officially in that case. DeLaughter insists he has done nothing wrong.

  5. NMC says:

    The ellipses (…) meant that there will be more in this post and the others. I’m just trying to get rough notes up

  6. Bob says:

    Will the civil cases against him have to wait until he is out of prison?

  7. Word Dog says:

    What a sad day for Scruggs and his family, but what a bright beginning for the reestablishment of the rule of law in Mississippi. Judge Biggers showed courage from the bench–a quality that is much needed in our state. He showed more courage than the many judges in our state court system who would have cowed to Scruggs both before this episode and after the guilty plea. Perhaps Scruggs can find freedom and spiritual healing in his imprisonment.