Federal Judge Denies Motions to Dismiss Charges Against Corrupt County Judge

Judge denies motions to dismiss against circuit judge
The Oxford Eagle by Alyssa Schnugg - May 20, 2009

A federal judge denied motions Tuesday to dismiss charges against Hinds County Circuit Judge Bobby DeLaughter who was charged with scheming with former famed attorney Richard “Dickie” Scruggs and several others to rule in favor of Scruggs during a lawsuit for his own gain. DeLaughter was indicted in February on charges of conspiracy, three counts of mail fraud and obstruction. He has been suspended from the bench since March 2008 while the state Judicial Performance Commission pursues the matter. In February, he pleaded not guilty to all charges, while Scruggs pleaded guilty and was sentenced to seven years for his role in the scheme. Prosecutors allege DeLaughter was persuaded to rule in favor of Scruggs, hoping Scruggs could get him a federal judge appointment with the help of his brother-in-law, former Sen. Trent Lott. DeLaughter’s attorneys filed motions to dismiss the charges in April, claiming that DeLaughter did not receive a “thing of value.” DeLaughter’s motion argued that “since he was never appointed to the federal bench, he did not receive anything of value as required by the statute,” the motion reads. He claims he wrote letters to Lott and Sen. Thad Cochran expressing his desire to be considered for appointment prior to alleged conspiracy.

But U.S. District Judge Glen Davidson ruled Tuesday that whether or not DeLaughter was appointed to the federal bench had no bearing on this agreement to accept consideration. Davidson ruled that a federal judgeship could be found to be a “thing of value.” Davidson also ruled Tuesday against a motion to dismiss the mail fraud and obstruction charges. DeLaughter is accused of giving Scruggs’ legal team “secret access” to the court through the use of the U.S. Postal Service, and giving Scruggs an unfair advantage. The government claims DeLaughter “accepted a secret” communication from the Scruggs legal team, essentially reversing his earlier ruling and accepting, almost verbatim, a scheduling order favorable to Scruggs and using the U.S. mail service to mail the copy of the order. DeLaughter’s attorneys argued that the mailings were required by state law and fail to allege either bribery or material nondisclosure. Davidson ruled the indictment “sufficiently alleges conduct of bribery” ... and there is enough evidence for the indictment that DeLaughter had improper communications with Scruggs’ legal teams. DeLaughter’s trial is scheduled for Aug. 17 in Oxford.|