Balducci would testify that on October 16th, he and Patterson were in Oxford to meet with Scruggs on other matters, and, when they entered the office, Scruggs said “I know y’all have talked to P.L, and I’ve talked to P.L. Everything’s fine. Ya’ll are going to be covered.” Patterson and Balducci said they were there for other reasons. Later that day, Balducci called Patterson and said he had talked to the judge and the order would be available later that day. Two days later, Balducci met with Judge Lackey, paid him an additional $10,000 and got a proposed order from Judge Lackey.
Meanwhile, a wiretap picked up a call from Dickie Scruggs to Patterson. Scruggs asked about the whereabouts of Balducci and the order. Patterson “assured Scruggs that Balducci had gone ’south’– meaning to Judge Lackey’s chambers…” Patterson said that Balducci would hand-deliver the order to Oxford. Scruggs told Patterson to have Balducci put the order on his desk and pick up a package that was ready. Balducci was surveilld entering the Scruggs firm and leaving Judge Lackey’s chambers. Balducci left the order at Scruggs’s firm and picked up a check for $40,000 along with documents designed to concela the true nature of the payment. On November 1st, Balducci made a final payment of $10,000 to Judge Lackey.