As with many big court proceedings, the action in Bobby DeLaughter’s change of plea hearing began before the judge walked in.
There’s the who’s who of the courtroom. Shaking hands and saying quick hellos. As many noted, “There could be a Bar convention in Aberdeen today.”
The only big surprise in the courtroom were two white supremacists, Richard Barrett, and Byron de la Beckwith’s son, Byron Jr.
I had the pleasure of meeting both.
“Hi, I am Richard Barrett,” he said shaking my hand.
I had no idea who this man, wearing a grey suit and silver cross lapel, was … but he smiled and shook his head at me in a way that said, “yes, I am that Richard Barrett.”
In fact, I think he was surprised I didn’t know who he was. Having grown-up outside Mississippi, how was I supposed to know him?
Anyway, he shook my hand and left to sit next to Beckwith’s son, as noted by NMC.
I briefly met Beckwith. He was smiling and happy to be alive Thursday. He wouldn’t comment about the days event “yet,” but clearly thought it was a victory for his father.
Judge Glenn Davidson got the hearing started precisely at 2 p.m. with the typical questions asked during a plea hearing.
“Have you communicated with your lawyer?”
“Do you understand what you are pleading guilty to?”
etc … etc …
The first curiosities answered surrounding the until-then-sealed plea agreement dealt with prison sentence and cooperation. 18-months in prison max, or DeLaughter could withdraw his plea. He will not be required to cooperate.
Though this is some of the big news, the best part comes next … Renowned criminal defense attorney Tom Durkin had a problem with the governement’s factual basis.
Unlike Scruggs 1, there were no hearings in DeLaughter. No chance to see Durkin in action.
His objection to the factual basis would be one of the courts only chance to see him argue. Maybe we’ll get another chance at sentencing.
“I have a strong objection to a page-and-a-half of the factual basis,” Durkin said in a Chicago accent. Nobody was surprised to hear the problem dealt with DeLaughter’s underlying charges … those to be dismissed.
Assistant U.S. Attorney Bob Norman explained DeLaughter told the FBI Peters had contacted him twice about Wilson vs. Scruggs. First Peters was worried DeLaugher would be unfair to Scruggs because Wilson had hired Bill Kirksey, a former law partner to DeLaugher. The second call DeLaughter mentioned to the FBI was an outright bribe attempt by Peters.
Durkin admitted DeLaughter talked to Peters more, but we never heard from him what the other conversations with Peters were about.
Norman said DeLaughter had dozens of meetings with Peters and the allegations laid out in the factual basis were material as to what DeLaughter had lied to the FBI about.
“This is simply an attempt to get (the other allegations) in on the back end,” Durkin said. “We are not prepared to admit to the honest services.”
As the legal wrangling went on, smiles flashed throughout the courtroom as people got a small show. Would DeLaughter walk away?
As the dispute continued, Norman jumped in and said, “If the defense wants a trial, we will give them a trial.”
Davidson quickly piped in as he must have realized he needed to get this plea entered. He asked Durkin and DeLaughter if they had a problem with the essential allegations to count five and DeLaughter answered, “No, your honor.”
Davidson noted Durkin’s objection would be part of the record and had Norman read the factual basis.
“Ed Peters would testify that he was hired to influence Bobby DeLaughter and he thinks he did,” Norman read about halfway through.
This basically summed up the problem Durkin had with DeLaughter’s factual basis. But alas it was entered and the hearing moved on.
Next was the matter of sentencing. Durkin wanted to know how long till sentencing. Someone with probation services said 8 weeks, but Davidson thought it could be done sooner.
In a moment of humor in the courtroom, Durkin asked the judge to schedule sentencing close to the Tennessee at Ole Miss game.
“Notre Dame has a bye week that week, and I’m an Ole Miss fan,” Durkin said to Davidson.
Most of the courtroom laughed, including Davidson.
The case was put in recess till sentencing, the crowd stood up and resumed hand-shaking. The press got ready for the rounds of press conferences outside the courthouse.
First came Charlie Merkel for Bob Wilson’s team, then Durkin for DeLaughter and finally U.S. Attorney Jim Greenlee and FBI special agent Fred Brinkley.
Check back with yallpolitics later to see what the pressers had in store.
yallpintern
7/20/9
Magnolia Tribune
