It was visibly clear that the attorneys who stood on either side of Zach Scruggs were shocked with the way things were going. Though the Court had early on stated that it would not allow a binding plea agreement resulting in probation, the defense counsel clearly thought that they had a deal.
Zach Scruggs’ defense counsel, former Mississippi Attorney General Mike Moore, asked the court that Scruggs be allowed to wait until after the birth of his third child in October before reporting to prison, and Biggers told Moore he could make such a motion to that effect.
Moore didn’t know that the wife of the orange-suited criminal defendant who was sentenced for running guns from Cleveland, Miss. to Chicago only minutes before Scruggs entered the federal court room had also written Biggers, requesting consideration due to the fact that she was pregnant with the couple’s third child, to which Judge Biggers had responded:
“It mystifies me why men who have children, a family depending upon them for support, go out and risk being taken. It is really sad, but no excuse for leniency.”