Court:
Guidelines calculation go to over 60 months given the money figure and “the court will base the sentence on that.” The offense level, “using $400,000 which is probably low,” is 31. That means 108-135 months. The maximum would be 2-3 months. The court found reason to depart upward in the fine range. He required the defendant to pay the cost of his own incarceration and would impose that. The court stated, “Even though it may be a moot point, there is some question in the court’s mind; the court would like to inquire into acceptance of responsibility.”
He asked the defendant and counsel to come before him.
Scruggs’ statement: I could not be more ashamed to be where I am today, mixed up in a judicial bribery scheme. I will go to my grave [inaudible]. I have disapointed everyone in my life. … I deeply regret my conduct. … There is a stain on my soul that will be there forever. Thank you for letting me speak.”
Keker: Noted he had not known Scruggs long, but “I came to admire him and believe he is the man described in these letters. It would take a Faulkner or Walker Percy to understand this. There is a passivity to Scruggs’s participation. He has fallen as far as [inaudible]. All we ask for and, the government does not object, is that for medical and family reasons, he self-report rather than be taken into custody today and have 30 days to get the fine together.” Ask that the court recommend to the Bureau of Prisons Camp at Pensacola, where it would be easier for Mrs. Scruggs to visit.
Judge: These sound reasonable. There is a question in the court’s mind why you need 30 days to get the money together when I’ve seen your checking account.
Keker said something about the way Scruggs’s income stream works.
NMC – what was Scruggs’ reaction when he heard the sentence?
May Mrs. Scruggs find the strength to get through this.
All of them, lotus. I would hope Scruggs (and anyone else sentenced time) would find some path to redemption while he’s serving his sentence. Maybe helping do research for the Innocence Project or doing free legal work for folks otherwise screwed over by the legal system.
or mebbe it would be better for all of them to take a contemplative hiatus from that sphere…
You’re so right, ducky. (Maybe option 2 will appeal to them most, before they’re ready to make their other decisions?)
In a previous post I wrote that I could be unbiased because I had no real feelings attached to the case.
This morning in court, I cried. Oh, I bit my lip and wiped away the one or two stray tears before anyone could see me, but it did move me.
This man was a giant and there he stood, small, broken, old. He had everything. Money, fame and family who loved him. Now he has nothing but a cell to look forward to, a few visits from those same family and friends and learning how to play dominoes for snack cakes.
And for what?
And that goes for all of them involved. And somehow, Balducci is almost being made out to be some kind of lesser hero because he ran his mouth quickly. He started this. And if he gets one day less in prison than any of the others, you may have to see this usually calm, collected journalist go postal on some people!
I think many of us will spend today doing some soul searching and looking at their own mistakes in life..wondering if they are truly worthy to judge anyone else; thanking whatever higher power they believe in, if at all, that they weren’t prosecuted for those mistakes and vowing to be more careful with their lives and being appreciative of all they have.
It’s not much comfort for the Mrs. Scruggses and their children, but rest assure, this whole fiasco has made many people better than they were, professionally and personally.
“learning how to play dominoes for snack cakes”
Great way to paint the picture, Lydialaw @5. There’s a blues song in there somewhere.
tap
Lydia,
I think Judge Biggers got it exactly right: a lawyer who bribes a judge should consider himself fortunate that he only has to serve five years in prison and to suffer the loss of his license to practice law. The rule of law means nothing when the process is subverted from within by such corruption. And the rule of law is the very foundation of a civilized society. So, really, don’t shed tears for Mr. Scruggs. Today’s statement by him is the first time we’ve heard any expression of true remorse. My statements are not the product of “vengeance,” as sadbuttrue might believe; rather, they are the heartfelt comment of someone who believes in the American judicial system. Scruggs, Balducci, Langston, et al. are a disgrace to the system.
Keker said something about the way Scruggs’s income stream works.
Translation: I gotta get my fees paid first, Judge?
For my part, Lydjah 5 and Don 8 BOTH speak for me. That’s no contradiction, merely a complexity.
Ditto lotus @ 10.
*Nods*
It’s interesting how Keker is around for all these high profile cases, collects millions in fees, then pleads his client to a deal that a good public defender could have negotiated for free.
I also agree, lotus @10.
I confess that I, too, shed some tears driving home from work today, thinking of Diane. Now, after having read NMC’s account of Claire’s breakdown in the bathroom, I’m getting teary again. Like you said, lotus, the wives and kids didn’t do anything wrong. Unfortunately, they’re being punished, too. But, as Judge Biggers pointed out, they are in a much better position than the families of most criminal defendants, so maybe I shouldn’t weep for them unless I’m going to weep for all of the others, too.
Lydia at 5, I agree up to a point about Langston and Balducci, but I think to the extent that other players in this tangled web are revealed (especially public officials), there is some good in that. Balducci is certainly not a hero by any means, but even if the trail is long, it still needs to be followed. Would Langston have ever done anything about the other crimes had he not been forced to? Of course not, so at least for that Balducci started something good. He still needs to serve time obviously, but I cannot remember the terms of the proposed deal, which I’m sure can be disregarded by Judge Biggers if he so chooses, right?
Today’s statement by him is the first time we’ve heard any expression of true remorse
In reading the comments I think one aspect to consider is Scruggs was the legenderary patriach in this whole sorid affair who thought nothing of involving adoring, awe stricken and much younger men with much younger children and more at stake to do his bidding.
I know they were grown men with evident failings, but I think most would agree that Scruggs sought money and power and seduced and exploited with his vast money and power.
Scruggs was the villain in the Grishom novel all this time.