Today, at ZNN, Patsy Brumfield deduces that the Zach Scruggs innocence tour is destined to appeal Judge Biggers ruling to the 5th Circuit.

Zach Scruggs’ 2008 conviction and prison sentence will stand, Senior U.S. District Judge Neal B. Biggers says.

The case likely goes to the 5th Circuit Court of Appeals, which considers such cases afresh.


Edward D. Robertson Jr., Scruggs’ lead attorney, said they “are studying the judge’s ruling and will determine whether there are reasons to appeal.

Back on June 14, 2011, YallPolitics opined . . .

All of this leads me to this conclusion. My opinion is that Zach Scruggs legal team doesn’t want the legal result they say they’re seeking. Instead, I think they’re just looking for the righteousness of the fight. Bear with me here. From someone who has studied this for three years, I can tell you that PR and their public narrative are indescribably important issues for them. I believe they want a comeback narrative and this legal fight (which has the high likelihood of losing on the merits) gives that to them. My opinion is that Zach will strike out at every level with the legal argument, but will get the karmic benefit of being able to say something like, “the government was out to get me and my lawyer screwed me and I have fought them at every level and even though I lost, I maintain my innocence.” Mind you, there doesn’t seem to be any proof for that narrative whatsoever, but I believe he is setting himself up from a PR perspective to be a martyr of sorts for “overzealous government prosecution” or some similar tune. Time will tell if I’m right on that, but given the circumstances, it’s the only way I can reconcile their behavior.

Circumstances seem to be bearing this prediction out.