Tollison: We call Mr. Richard Scruggs
Brooks Dooley stands up representing Keker and Van Nest.
Scruggs is sworn
He answers his name. He declines to answer based on the Fifth Amendment asked about
his relationship with Scruggs Law Firm, SKG, Nutt McAlister. At the judge’s suggestion, a briefer form of his assertion of the Fifth Amendment was agreed upon.
The courtroom has a couple of dozen people it. Charlie Merkel, Tom Dawson, reporters (Bruce Newman with a camera), Mike Moore, Barney Robinson in the audience.
He’s asked about admitting the government’s resonse. I’m not sure I can fairly read Scruggs’s state of mind, but this is pretty grim for him– the most tight-lipped grimness I’ve seen from him in court.
Note: I missed the very beginning of the hearing, which included some intro of exhibits. Scruggs is the first witness.
Cross (of Henry Lackey) from a lawyer with Daniel Coker:
Was the name David Nutt ever mentioned on any of the audio tapes with the FBI.
Tollison: Objects that this was previously decided.
Court: Won’t restrict him at this point.
Lackey: I don’t recall any.
Q: First time there was no audio.
Q. He said he had friends named Don Barrett and David Nutt along with DIckie Scruggs.
A. And also a lawyer in Florida.
Q. Didn’t say he was on there on behalf of the others
Q. And they weren’t mentioned after first meeting
He remembers the name Sparky but not name Lovelace. In the first meeting Lovelace’s name came up but not others in later meetings. First time was only time Mr. Barrett’s name was mentioned he thinks. Presents transcript. Shows where Balducci said Barrett did not know about this.
There was never a summary judgment filed in this case.
Balducci said there were only three people who knew about this: “you, him, and Dickie Scruggs.” Balducci never entered an appearance in the case. At the end of the hearing, Mr. Moffett presented Judge Lackey with an order in open court, and Tollison was present when that order was presented. Reads from the transcript, Larry Moffett talking about a proposed order about arbitration.