Possumblog

The Perils of Dickie-Bird, Volume MMLXVI

Judge refuses early end to Scrushy trial

The past couple of weeks, the local airwaves have been full of throaty denunciations of the government's case by the defense team; with the assurances by various mouthpieces that the state has miserably failed to show guilt of the prime player. Always it has been delivered with puffed-chest braggadocio, I suppose to set the stage amongst potential future jurors for an appeal should the defendant be convicted.

But, it's rare to get a directed verdict at this stage, even if the government is unable to show the jury a signed letter of intent to commit fraud. "There is NO paper trail!" I believe I heard one of the nicely-suited legalists say yesterday.

Juries are funny things, and maybe this one will free Dickie-Bird to fly away and enjoy the spoils of his efforts on a nice island in the Bahamas. But lack of a paper trail seems a risky sort of ploy to rely on--you don't often have people who know something is illegal commit that recognition to paper.

Again, it'll be interesting to see what happens during the rest of the afternoon, and how many charges will be retained.

UPDATE: Judge drops some charges, Scrushy trial continues

U.S. District Court Judge Karon Bowdre this morning dismissed five counts against HealthSouth founder Richard Scrushy and reserved ruling on 12 others. She determined that the bulk of charges in the $2.6 billion will remain intact and the defense can begin presenting its case this afternoon. [...]

From the 58-count indictment Scrushy faced at the start of the trial, he still faces 50. Charges include conspiracy, securities fraud and money laundering. He has pleaded not guilty.

But the whittling of the charges is a good thing even before the formal phase of the defense begins, Lewis Gillis, a Scrushy attorney, said after this morning’s hearing.

“Any count that gets dismissed is a big victory,” he said.

Maybe so--as Churchill said, "Nothing in life is so exhilarating as to be shot at without result." But it's probably not yet safe enough to prance about while wearing a big target. That guy with the gun still has a belt full of ammo.

Posted by Terry Oglesby at April 21, 2005 12:01 PM