David Sanders and the 404(b) proof

He testified:

I have obviously thought a lot about this. I read the transcript. The only explanation I can give you for that, when Bob said what he said at the hearing, in February I believe it was, at the time I had not talked to Joey about Zach, I would not have thought anything about it because Bob had been talking to Joey. After that, at some point, I don’t remember whether to you or to Nathan Garratt or both of you, I don’t recall negotiating with Todd Graves, and I remember distinctly you guys asking what we had from Joey on Scruggs II, and I remember telling you that Joey is not going to testify that Zach Scruggs knew about dangling the federal judgeship. I remember correcting it with you. The reality was that I knew this issue was not uppermost, I knew that that issue had been cleared up. After we came up with the misprision deal, after that we signed the document. The only explanation I can give, I was focused on the plea deal. I read the document. All I can say is that in my mind, that issue with Bob Norman any longer. I understand the court’s ruling and understand it is still out there.

This testimony has to do great damage to the argument that, when Zach Scruggs entered his plea, he did so under a misleading understanding about Joey Langston’s testimony.

NMC
5/25/11