NMC – Zach Scruggs: On second thought, let’s rethink that briar patch thing…

I’d thought a very likely result was that Judge Biggers was going to give Zach Scruggs a hearing. Zach has to show actual innocence, as he acknowledges in his pleadings. Now he gets to do so, in a public hearing.

Zach is not thrilled by this. In a pleading, he shouts aloud about the presumption of innocence (mentions of the guilty plea are much softer, if at all), he points out that a conspiracy to commit earwiggery is not a federal crime under recent decisions, but that the federal government is going to assert that, yes, he is guilty of something in the indictment, and now he’s going to have to prove a negative.

He calls his situation Kafkaesque.

Find the pleadings at Nmisscommentor
2/15/11