Possumblog

The deadlock is the best that he could have hoped for under the circumstances. The first couple of legal teams would have realized this and proabably hoped they could work this long enough for the government to get tired and cut a deal. Scrushy though wants an out right acquittal.

My best recommendation on for the new trial would be a change of venue, someplace completely out of the southeast and somewhere that he can't use his money to poison the jury pool so blatantly as he has here. Somehow I don't think this whole act with changing churches and become an ordained minister would serve him so well this time around.

I can't believe how the jury's been handled here either. I can understand the lack of sequestration while the trials going on BUT not during deliberations. You can bet if they had nothing to do but discuss this case or stay in a hotel room this thing could have been decided before Memorial Day. Just another example of the judge's lack of control here.

Oh yeah, I'd establish a manditory fine and jail time for each and every violation of the gag order.

Thanks, I feel much better now.

There was an article in the paper Tuesday by Mike Tomberlin, and at least one fellow he interviewed is dubious about a change of venue:

[...] Having to go to court again could persuade prosecutors to streamline their case, dropping some charges to make deliberations easier for the jury, experts said. But one thing probably wouldn't change if a retrial is necessary - its location.

[John Carroll, dean of Samford University's Cumberland School of Law and a former federal magistrate judge] said a change of venue is not really an option for the government, unless it secured a new indictment in another jurisdiction, an unlikely proposition. The defense also has the right to keep the trial where the indictment was handed up. And Scrushy's lawyers can renew attempts to have the charges dropped, another unlikely proposition.

"I think, if there is a mistrial, this case is going to get tried again," Carroll said.

Whee.

Well, given the ease with which the gov't can get an indictment, I'd see about getting one in another district.

Any suggestions on a new site?

I suppose Guam is out of the question...

I was thinking in terms of many North Dakota or Idaho?

Hmmm--might be entertaining if it were moved to Utah, and then we could see him convert to Mormonism.

Nope, not Utah. I can just see Scrushy using that as an excuse to "go native" and take on more wives.

Which raises an amusing possibility if the case were moved to San Francisco.