Attorneys for Zach Scruggs on Monday filed a motion to dismiss the indictment against him “due to the government’s misconduct in knowingly and/or recklessly presenting false, misleading, and material testimony before the grand jury.” Although the filing deadline for pre-trial motions has passed, the filing arose from grand jury testimony delivered to the defense at the motions hearings. Zach Scruggs claims that the grand jury testimony shows no evidence that he participated in “the alleged unlawful conspiracy” and that the testimonies of Timothy Balducci and FBI agent William Delaney were false and misleading. While the motion is not likely to succeed, it appears to signal a change in defense strategy, with Zach distancing himself from anything allegedly done by his father and Sidney Backstrom. Press coverage has frequently mentioned Dickie Scruggs’ lead attorney John Keker, but it is worth noting that Zach Scruggs’ lead attorney is Todd Graves, one of the eight fired US attorneys. Daily Journal/AP story here; Zach Scruggs Motion To Dismiss.
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