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Scruggs sentencing hearing: from the courtroom.

February 10th, 2009 @ 2:45 pm - by NMC · 28 Comments

The mail fraud act was when Scruggs caused to have Langston and Balducci mail in an entry of appearance!

This is written at a break as the judge considers what he is going to do about sentence.

Under the plea agreement, Judge Davidson was asked to impose sentence today.

Some details:

  • There was a quite full courtroom– Roberts Wilson and his family (he was the plaintiff in Wilson v. Scruggs, the case in which Scruggs and Langston have now pleaded guilty to influencing Judge DeLaughter), his lawyers (Bill Kirksey, Vicki Slater, Charlie Merkel, Cynthia Mitchell), Alan Perry (who is the defense lawyer in Eaton v. Frisby), Cal Mayo (represented Scruggs in the Jones case after the defense group split), Curtis Wilkie, John Hailman, Alan Lange, Sandra Knispel, Alyssa Schnugg, Jerry Mitchell, Paul Quinn, etc., etc.).
  • Scruggs local counsel is now Mike Watts, a law partner of Jack Dunbar, who represented Scruggs early in the Wilson case (before Langston came in to bring in Ed Peters). John Keker and Jan Little were also there representing Scruggs.
  • Jim Greenlee (US Attorney), and from that office Tom Dawson (in from retirement), Bob Norman, John Alexander, and Chad Lamar, along with FBI Agent Dulaney were there. Bob Norman acted for the Government.
  • Scruggs was in a dark suit but in leg irons.
  • The case being about mail fraud– denial of fair and honest services– means that the government won’t have to prove bribery– that the judge got something.
  • The timeline on the scheme was Summer of 2005 until October of 2007.
  • There will be no restitution– Scruggs and the Government agreed to let the civil case sort that out.
  • There were several mentions of Scruggs getting his brother in law, a US Senator, to get DeLaughter considered for a position of a federal judge.  The corruption was that and the secret use of Peters who was known to have influence over DeLaughter.
  • He gets use immunity for anything he tells the government, and the government will consider a Rule 35 motion to reduce the sentence if he testifies as a witness.

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Filed Under: Herald & Examiner

28 Responses so far ↓

  1. Observer says:

    Makes me proud to be an American. (This comment referred to the earlier brief post that the mail fraud allegation stemmed from Langston and Balducci mailing their notice of appearance. The ole “licked a stamp” jurisdictional prerequisite.)

  2. lotus says:

    Okay, just heard from NMC again, on his way back into court.

  3. ccvz says:

    Gotta jump in.
    Thanks NMC.

  4. lotus says:

    There will be no restitution– Scruggs and the Government agreed to let the civil case sort that out.

    Ooo. In the British sense of “sort out” . . . “ream him a new one.”

  5. Grundoon says:

    Justice!

  6. amicus says:

    Man, this might get real real interesting.

  7. lotus says:

    Love, love, LOVE your handle, Grundoon!

  8. Phantom says:

    “Scruggs was in a dark suit…” Guess that rained on the parade of the photogs trying to get a shot of Scruggs in stripes a la Paul Minor.

  9. MSPolitical says:

    What I’m wondering is who all is no longer in need of an enema (re: Delta Law Mama in the other Scruggs thread), having heard that Scruggs is “cooperating”

  10. lotus says:

    Me too, MSPol. Any number of mucky-mucks.

  11. Anderson says:

    What is the point of the leg irons, exactly?

  12. lotus says:

    Imagery? Wonder if the photographers got it.

  13. BoynamedSioux says:

    Re: 11. He’s already a convicted felon serving his sentence. He is locked down or equivalent or restrained at all times.

  14. Catfish Bob says:

    There is no point outside of the feds wanting to further demean and embarrass Scruggs, something that he’s already done to himself.

  15. NMC says:

    I think 13 is the answer on the leg chains, but it seemed unnecessary to me.

  16. ThirdSouth says:

    You’re kidding, right, Catfish Bob? Are you saying ALL criminals should be spared leg irons? How many get to wear a dark suit with theirs? Or are you saying that because this criminal is rich he shouldn’t be “further demeaned and embarrassed”? Or maybe because he’s connected and famous? I don’t understand why he should be treated differently from all of them. Not worse, mind you — the same. What’s the rationale for treating him better?

  17. DeltaLawMama says:

    I think Catfish Bob is saying that Scruggs is already a low as he can possibly go, that the Feds are more or less doing this on principle and to get the other human beans involved in the embroglio.

  18. ThirdSouth says:

    I suspect it’s like that catchy Carribean dance, the limbo — I suspect we haven’t got an inkling yet of how low he can (and did) go.

  19. Catfish Bob says:

    ThirdSouth. There is no requirement that a defendant be put in cuffs and/or leg irons when they appear in court. I seriously doubt that Dickie’s time on the yard has put him in sufficient shape that he could bolt from the Courtroom to obtain his freedom or that he presents any physical threat to any one except himself should he trip and fall as a result of being in leg irons. It is a dog and pony show for the feds. This is not something imposed upon all defendants returning to federal court, for whatever the reason. (Fastow/Enron for example.) As a matter of fact, if he were coming in to testify at a trial, my guess is that they’d have him without chains and looking harmless and as credible as possible for the jury.

  20. ThirdSouth says:

    Catfish Bob: I thought it was a security call made by the marshals. If they think someone might escape, or has a reason to want to do harm to others in or out of the courtroom, it would seem to be a law enforcement call. Aren’t Balducci and Blake and Patterson and Peters under some kind of federal protection. Protection from what? A man with Dickie’s money and mean spirit wouldn’t appear to me to have to do his own dirty work — he’d hire it out. Who are they under federal protection from?

  21. confounded says:

    The leg irons never come off unless the defendant is appearing before a jury.

  22. Phantom says:

    I thought that’s the only time “street clothes” were allowed too, confounded?

  23. injustice4all says:

    He has been looking frail at least since the Hurricane. Rumours of a heart condition of some other ailment have been rapid for many years. At Judge Backstrom’s (Sids dads) funeral that was the topic of discussion how bad he looked and who we must be very ill.

    In sum, it is not from this situation.

  24. confounded says:

    Street clothes are okay any time if your lawyer brings them to you.

  25. somslawyer says:

    Dickie has chronic pain from degenerative disc disease. He’s had increasing problems for years. Chronic severe pain (I’m about to stray into NL’s domain) causes release of catecholamines that themselves can lead to heart damage. (I had a case where this occurred, leading to death.)

  26. Silence Dogood says:

    Chronic severe pain (I’m about to stray into NL’s domain) causes release of catecholamines that themselves can lead to heart damage. (I had a case where this occurred, leading to death.)

    So will keeping a lot of stress/crap burried within you, juggling lies, and being frustrated by people whom you consider beneath you.

  27. nmc says:

    injustice4all:

    I’m going on having observed Mr. Scruggs in Oxford over the last few years. Compared to how he seemed last summer he seemed frail. I can’t tell how much that was the unpleasant circumstances of the courtroom today, versus before last July when he was on “top of the world,” but that’s what I saw. I think he was significantly more frail than before, and it would not surprise me if the experience of the penitentiary (which he cited) was part of that.