Who was “It” when Wilson v Scruggs became a game of hot potato? US Attorney Jim Greenlee?
It is clear that the Plaintiffs’ have filed this Motion in an attempt to circumvent the Federal Rules of Civil Procedure regarding discovery. As a preliminary matter, Fed. R. Civ. P. 26(d)(l) prohibits a party from seeking discovery “from any source before the parties have conferred as required by Rule 26(f), except … when authorized by [the] rules, by stipulation, or by court order.”
Fed. R. Civ. P. 26(d)(I). The Rule 16.1 (A) Initial Order entered in this matter (Docket Number 53) reflects a Case Management Conference date of September 29, 2009, with an attorney conference of twenty-one (21) days prior. Because that Rule 26(t) Attorney Conference has not yet occurred, Plaintiffs are precluded from seeking discovery from any source at this juncture.
Not Greenlee. The USA’s Special Appearance and Response to Plaintiffs’ Motion for Preservation and Retention of Documents makes it clear the USA does not want to play.
Maybe the Scruggs Defendants?
The Scruggs Defendants further object to the production of these documents to Continue reading “Biggers gives Wilson’s wheel of fortune another spin – Recusal puts hot potato in rotation”
oxymoron [oksee maw ron] expression with contradictory words; a phrase in which two words of contradictory meaning are used together for special effect
First, there was the vision of Roberts Wilson and his attorney Charles Merkel sitting ringside when Dick Scruggs is in court reminding me of my overly eager former mother-in-law — although, to her credit, a trip to Piccadilly would satisfy her desire for a free lunch. A vision of constructive trust that is not.
Then, there is the matter of mind-boggling dispute reported last week in the Clarion Ledger creating a vision of “granny Bobs” and “nanny” Merkel each with purse in hand. A vision of constructive trust that is not:
The federal government that prosecuted multimillionaire Dickie Scruggs and a former law partner who says he’s owed millions are battling over money paid to sway a judge in Scruggs’ favor.
Defendant Steve Patterson’s Motion to Dismiss, filed by Greenwood attorney Hiram Eastland,, thoroughly dismantles Wilson’s RICO case. Any vision Wilson had of RICO pouring Scruggs’ money in his purse and Merkel’s had to have been, instead, a hallucination.
A vision of “constructive trust” that is not: Continue reading “Constructive Trust oxymoron in Wilson v Scruggs as Eastland dismantles RICO claim”
The Daily Journal has a brief story reporting Zach Scruggs “appears” to have been released from federal custody; but, the talented Patsy Brumfield must have been in a hurry as the story “appears” to be thrown together.
David Zachary “Zach” Scruggs, 35, appears to be free from U.S. Bureau of Prisons custody after serving a 14-month sentence for knowing about a felony but failing to report it.
Out of respect for Patsy, I’ll leave the rest of the story for those who want to read he was “reportedly” released from a half-way house transition program in Tupelo on Wednesday or that he has a “degree in accountancy”.
Likewise, out of respect for Judge Biggers, those who want to read the “plead [sic] deal” offered by the government was probation” but he “ordered him imprisoned for 14 months with a fine of $250,000” will need to link to the Journal’s news [sic] story.
Last, and out of respect for Zach, I’ll end without filling this space with platitudes and won’t even repeat the Welcome back! we offered in February. Instead, I’ll close with this slightly edited version of Sop’s comment.
…if he came back to the coast and wanted to throw back a vodka tonic on a hot summer day chances are we’d join him…Perhaps when he is better able Zach will stop in and say hi. I know we would love to hear from him.
That we would!
With a little more than a month away from Hinds County Circuit Judge Bobby DeLaughter’s corruption trial, the U.S. attorney’s office is bringing in witnesses imprisoned for their roles in attempting to bribe a different judge…Records from the Bureau of Prisons show Timothy Balducci has been moved from his prison in South Carolina to a transfer facility in Oklahoma…Balducci was the one who tipped off the FBI to the DeLaughter case.
So, Balducci tipped off the FBI a high stakes game of Let’s Make a Deal and the Minor bribe he offered Judge Lackey stays behind door #2!
The obviously clairvoyant Langston pleads guilty, claims he has all the answers, changes the game to Jeopardy and the Tower of Babble begins to build. Patterson makes three to plea – but he’s no game changer and doesn’t seem to be much of a player – so, he just babbles.
Two P’s in a pod? Not. But, Peters comes next and pays to play. The game changes to Charades. Scruggs appears guilty of attempted flattery but pleads to mailing the Court the paperwork required for Langston and Balducci to make an appearance. The Tower of Babble with Delaughter not and Witness accounts seem to conflict.
Through his lawyers, Scruggs seemed to discount the prosecution’s case in their response to Wilson last week in the civil action: “Wilson assumes that Scruggs corruptly influenced Judge DeLaughter in his rulings. Scruggs has pleaded guilty to attempting to corruptly influence Judge DeLaughter in his rulings, but Wilson has presented nothing to connect this attempt with actual influence or to any such influence with any harm to Wilson.”
What if Ed Peters falls apart on the stand? This question has been bouncing around in my head for awhile now. Absent a smoking gun email, doesn’t the Government’s entire case rest on the word of Ed Peters? After all, neither Scruggs, nor Joey Langston, nor Balducci, nor Patterson can testify to having a conversation with DeLaughter. What if Peters does not? Similar pro-Scruggs sentiments came out early on Tim Balducci (as he was the only one with contact with Lackey – by design, I might add).
Horrors! What if people have to look at the evidence? Continue reading “Tower of Babble – USA v Delaughter and Wilson v Scruggs”
Balducci, who was questioned as part of the unrelated Eaton v. Frisby lawsuit, is expected to testify against DeLaughter, who goes on trial Aug. 17 in U.S. District Court in Oxford on corruption charges. DeLaughter has insisted he is innocent, following the law in his rulings.
The sweet potato king is back in the news – exactly how seems to be the question:
Contacted for comment about the deposition, DeLaughter’s attorney, Thomas Durkin of Chicago, remarked, “I find it very curious how a sealed document ended up in the hands of the press, and it’s more proof to me that money is the root of all evil. People will do a lot of things and say a lot of things to protect their money. Someone is obviously attempting to poison the jury venire.”
Even more curious than a sealed document ending up in the hands of the press is the difference between the babbling Balducci in the recorded conversations of Scruggs I and the standard-English speaking witness he became as a witness.
And, then, there’s the matter of the Motion to Dismiss the Indictment for Government Misconduct Occurring Before the Grand Jury. Continue reading “duck, duck, goose – Balducci taps Delaughter”
Check out the comments reader Steve has added to A bit more on $enator Chri$ Dodd’$ ties to offshore reinsurers as we follow the $$$$$$$$. Fascinating information and incredible research – Sop and I shout out a big Thank You.
Several news items with updates on topics we’ve covered were posted during the day yesterday and are linked below in no particular order:
Any other time, one or more of these items would have be the subject of a post – and maybe will be one day; but, for now, we’re just keeping readers up to date on current news and reporting breaking news in posts. As David Rossmiller said so well, “Work is the curse of the blogging class”.
Patsy Brumfield has the story for the Daily Journal.
Zach Scruggs, convicted for his part in the scheme to bribe Circuit Judge Henry Lackey of Calhoun City, is out of federal prison and assigned to a community re-entry facility in Tupelo. An earlier report, which said he was in Montgomery, Ala., was not accurate. Inmates in the Tupelo center technically are under Montgomery’s jurisdiction, and that’s why on the Bureau of Prison’s web site it shows him there. His custody location is noted on www.bop.gov. Aug. 19 is his projected release date, the site shows.
Cheryl Dennings with BOP in Atlanta said Scruggs was moved Tuesday from a low-security prison in Forrest City, Ark. to Tupelo as he prepares to “transition” back into society. As soon as he finds a job and gets various other details approved, like driving a car, he will work away from the center and return each night.
Although an Internet site speculated Scruggs may have been seen in Oxford on Tuesday, Dennings said that wasn’t likely since she believes he was brought to Tupelo directly from Arkansas.
The just-us justice of north Mississippi challenges the meaning of “likely” on a regular basis. Today, for example, the Clarion Ledger is reporting the previously unlikely move of Judge Delaughter’s April trial to Oxford. Late yesterday, the Ledger reported the even more unlikely, but long suspected, grant of immunity to former Hinds County District Attorney Ed Peters.
So, while Peters and his immunity were lunching with the current DA, Sid Backstrom and his integrity remained confined in Arkansas – and some dare call it justice when it’s just-us.
Stone walls do not a prison make nor iron bars a cage.
In that light, true justice emerges as those guilty of just-us justice serve a life sentence – forever confined by the limits of their small and narrow minds. Continue reading “Welcome back Zach!”
Patsy Brumfield of the Journal reports on today’s events in the just-us-justice system of Mississippi.
Timothy Balducci and Steven Patterson will do prison time, despite their cooperation into the infamous conspiracy to bribe Circuit Judge Henry Lackey of Calhoun City.
Their sentences were set today by Senior U.S. District Judge Neal Biggers Jr. today at the federal courthouse in Oxford.
• Balducci, formerly of New Albany, will serve 24 months in prison. Balducci was given no fine, because records showed he could not pay one.
• Patterson of New Albany will serve 24 months in prison. Patterson was also given a $150,000 fine.
Justice or just-us-justice? It’s really hard for me to say – not for lack of thought or thought-provoking comment from others here on the blog and off-blog as well. However, there often is a difference between justice as commonly defined and the sometimes just-us-justice here – a difference that is one of the many that make Mississippi the “State of Paradox”.
We’ve birthed the blue; performed the first successful heart transplant: and, bottled the firt coca-cola – but even considering USA v Scruggs and all its implications, we are better people in a better place with a better legal system than that of our past. Some would disagree but none could argue the point with fact.
Lack of fact has never been a barrier for the low-literate but language-rich story-telling population of the “State of Paradox”. Here, the direct descendants of the first Mr. Right (fn:Always) and his Mrs. (nee Promise you-won’t-tell-another-living-soul But) have informed and entertained for generations. In doing so, these story-tellers have defined and devined how the outside world views Mississippi and distorted the outside world to those here.
Just-us-justice established the practice of selective disgrace during a period in the history of the “State of Paradox” when it was not disgraceful for one man to own another – just doing business. As the then wealth of the State evolved into generational poverty, people began to trade on favor – a transaction that makes one man’s word another man’s bondage with the ever present threat of public disgrace from a legal flogging. Continue reading “Mississippi’s just us justice – final”
Call it Scruggs II, Merkel III, or what it really is – great balls afire says Jerry Lee – a testosterone contest according to people who study such and write papers like Competition and Testosterone at, where else but, the University of Texas.
It may shake your nerves and rattle your brain; but, the Complaint is here (h/t y’all) and represents one side of the legal argument. At this point, goodness gracious, we have no idea just how many sides there will be; but, we’ll report them all. Stay tuned.