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 Dibiase:
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.
30 comments:
The lawyer in the DiBiase trial recovered shortly after the jury abandoned impartial silence and joined the attorneys in a robust, legally non-binding “USA! USA! USA!” chant.
Yikes! I hope Scott is okay, but just curious, can faking a heart attack still buy you a continuance? Medical records required?
I hope that Scott’s health improves quickly. Trial work as a lawyer can be very stressful.
@6:35 “buy you a continuance?” LMAO!!! Funniest thing I’ve read lately, thanks for the laugh!
There’s nothing a lazy a___d judges loves more than “GIVING a continuance!” The only ones that love continuances more than the lazy judges…are the fee churning lawyers.
Lawyers can fake medical conditions to get out of work? This case is sleazy.
Someone in the court room in the medical field noted Scott’s appearance and alerted him and the court. Scott did not want to leave but he does have a lovely wife and kids so he listened and sought treatment. Smartest guy I know….would not pull a stunt.
Of course not, 6:35. How absurd for you to suggest a 'note from the doctor' could be in order. If that were to be required, it would establish an adversarial relationship between judge and counsel and we'd have a sure 'nuff right to a mistrial.
The Higher Up’s in Mississippi Government gave Ted Dibiase and Brett that money. They knew Ted and Brett were unqualified to do anything that requires comprehension.
Your honor the higher up’s in State Government has a hard on for professional athletes and their former status, they would give many more millions of the Federal Government’s money just be in their presence, until an informant/snitch came along! look at my client your honor, he doesn’t have a clue! I rest my case you honor!
Scott is running for circuit judge in Rankin County. There is no way in hell he is “faking” a health problem in a high publicity case. The internet is full of wanna be 4channers
Ask Vic Carmody. Faked a heart attack & got wheeled out of federal court on a stretcher.
Given that this may be Dibiase's most important "wrestling match" in his career, wouldn't one expect a defendant with a professional wrestling background to cook up a ruse? It's the equivalent of hiding a shiv in the boot.
reeves granted an adjournment , not a continuance, there's a difference.
maybe the self taught lawyers of JJ could tell us what that difference is.
Teddy’s only crime was not winning the 2010 Elimination Chamber match and getting a world title belt. If he was a bigger star no one would bat an eye at him getting offered a couple half million dollar contracts.
Bullshit....just like professional wrestlers, lawyers can fake it just as easy.....maybe even better.
What a clown show. The lawyer fell out in court in order to get this put off!
Lawyerin’ and pimpin’ is hard work. Stressful too.
I guess they can't PIN down the attorney's illness. They thought this would be a SLAM dunk case. DiBiase is really ON THE ROPES now. He is no MATCH for the prosecution. I guess we will just see how long the trial is on HOLD.
No mention above about how the jurors are getting hosed?
I don't know what shenanigans they will eventually settle on, but a heart attack will not be used. For a heart attack to be a plausible solution, it would require the lawyer to have a heart, and everyone knows the blood sucking lawyers have no heart.
Just here to agree with the others that Scott is legit and not “faking” anything. Get well soon, Scott.
You don't get points for attempting an escape, only a successful escape.
Also stalling gets a warning then points deducted.
@10:22 -- Does the "blood sucking lawyers have no heart" part apply to Prosecutors as well?
The feds charge the B-list wrestler but let Brett Favre, Phil Bryant, Marcus Dupree, etc. skate? Weak.
@7:46 If the “smartest guy I (you) know” is a scumbag lawyer who attended unranked MC Law and is representing a dead-to-rights crook who stole from the taxpayers in the name of the Lord, then I suggest you need to get out and meet some more (higher quality) people.
Perhaps some doctors or engineers . . .
It's pimps up, you know it's hoes down
It's green for the money, gold for the honey
We off and we runnin'
11:41: Wait a minute . . . I thought doctors were all in the bag for big pharma, and engineers were bribing public officials for contracts.
Maybe I should turn off my social media feeds and cable/Internet news talk shows, start thinking for myself, and develop some discernment between individual bad actors and entire professions/populations.
As an attorney, I can assure you the last thing Gilbert wanted to happen….was that. Years worth of work. Hope it’s nothing serious.
I agree with all the others who know Scott: he takes his job seriously and wouldn’t fake a medical emergency. He’s not the smartest guy I know, but he’s a very smart guy who is good at his job and has dedicated years to it. He has integrity. His clients may or may not have integrity, but he does and I hope he makes a full, complete, and quick recovery.
Meathead wresstler
Do a deep dive into Scott’s history and how be got to be wheee he is and how he got there….its a cool story.
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