Judge Biggers has entered the following order on Zach’s petition to set aside his plea:
Upon due consideration, the court is of the opinion that all issues involved in said motion should be heard. The court will receive evidence if requested.
He set the hearing for Aprill 25, 2011.
This should be a very interesting hereing; as a predicate, Zach Scruggs has to prove his innocence.
Will we see Balducci, Backstrom, and maybe even Zach tell us what happened on November 1st? Could be interesting.
The Government will thus have the incentive to prove the converse. I posted about Zach’s original petition (here and here) and some notes on the Government response (more here), along with a post about Zach’s response.