Jackson Jambalaya

 The trial of Ted Dibiase, Jr. will go on hiatus until February 23.   

Dibiase's attorney, Scott Gilbert, had a medical emergency on January 15 during Dibiase's trial for his role in the TANF scheme.  A federal grand jury indicted Dibiase on 13 counts of conspiracy, wire fraud, theft of federal funds, and money laundering.  

The trial rolled along until Gilbert fell out during the proceedings.  Judge Reeves recessed the trial.  Dibiase promptly filed a motion for a mistrial.  Judge Reeves noted Gilbert may or may not be able to return in a month as he rejected the motion for a mistrial: 

Upon reviewing the filings and hearing argument, the Court determines that a mistrial is not required or necessary under the United States Constitution or Fifth Circuit precedent, but a continuance longer than the one the Court initially proposed is in order. 

Mr. Gilbert’s medical condition is uncertain. The information before the Court indicates only that his primary care physician has advised him to abstain from his usual work responsibilities for three to four weeks beginning January 16, 2026. There is no indication that upon the expiration of those three to four weeks Mr. Gilbert will be able to continue his representation of Defendant in this matter. 

The Court slammed the door shut on any attempt to weasel out of justice by Disbiase: 

Defendant requested a mistrial based, in large part, on his choice of counsel—Mr. Gilbert—being unable to represent him. The right to counsel of choice is not absolute. Declaring a mistrial is a drastic remedy, especially when other remedies are available to protect Defendant’s rights. Here, the Court determines that a continuance will protect Mr. DiBiase’s interest in proceeding with his counsel of choice. ....

Neither the government nor the defense has filed a motion to continue due to Mr. Gilbert’s health. The Court sua sponte continues the trial of this matter. This continuance should allow time for Mr. Gilbert to be reevaluated. However, given that there is no indication whether Mr. Gilbert will be able to return after reevaluation, his continued unavailability will not form the basis for a further continuance. Whether or not Mr. Gilbert is available going forward, Defendant remains represented by two other lawyers of his choice: Ms. Lampton, and Mr. Herschmann. ...

Judge Reeves said the lawyers, especially Herschmann, were intimately familiar with the case.   Herschmann represented a co-defendant in the civil case.  Dibiase chose the lawyers and is stuck with them.  

The Court scheduled the trial to resume on February 23 at 9 AM.