Scruggs’ Lawyers Accuse Judge of Targeting Their Client in Bribe Case
Lawyers for Richard “Dickie” Scruggs are seeking to throw out taped conversations about an alleged attempt to bribe a state judge, arguing that one exchange suggests the judge wanted to set up his client.
Scruggs’ lawyers are seeking more information about the extent to which Judge Henry Lackey of Mississippi “created the alleged crime by suggesting, urging and constructing a bribe,” their motion (PDF) with the court says. Scruggs and four others are accused of trying to bribe Lackey for a favorable ruling in a fee dispute.
U.S. District Judge Neal Biggers of Oxford, Miss., refused defense lawyers’ request for FBI reports that were used to obtain permission for wiretaps of lawyer Timothy Balducci, accused of soliciting the bribe and delivering money to Lackey, the Associated Press reports. Balducci has pleaded guilty to conspiracy and is now cooperating with authorities.
Lead defense lawyer John Keker pointed to a taped conversation between Lackey and Balducci on the day Balducci delivered $20,000 to the judge, the Sun Herald reports. Lackey cooperated in the investigation, telling the Wall Street Journal he experienced a “shock that I can’t put into words” when he was first approached about a bribe.
The defense motion recounts these portions of the conversation:
Lackey: “If this is not Mr. Scruggs’ money, I don’t want a nickel of it.”
Balducci: “The way this will work is, I’ll just go to [Scruggs] at some point and say, ‘I’ve cured a problem that you had and you need to recognize the problem I’ve cured for you.’ That’s how it works. … He is not involved in a direct manner, doesn’t want to be, doesn’t need to be.”
Biggers delayed the trial date until March 31 so the defense team could have more time to review prosecution evidence.
