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Former WWE star Ted DiBiase Jr. filed a motion yesterday explaining why he is seeking a mistrial in his currently ongoing criminal trial before The U.S. District Court, Southern District of Mississippi.
Court records indicate DiBiase has made the move as his primary attorney Jason Scott Gilbert is dealing with a medical issue (described as a "sudden, medical incapacitation") and is now unable to continue the trial.
The motion notes, "Early in the trial, Mr. Gilbert—the principal architect of the defense who has been Mr. DiBiase’s lead counsel from the outset of the case—was unexpectedly stricken with a serious medical emergency in the middle of his questioning of the government’s star witnesses, John Davis. Mr. Gilbert’s cross-examination of Davis was going so successfully that the government asked the Court for permission to treat Davis as a hostile witness on redirect."
DiBiase also notes that the co-counsel for his defense has not reviewed the massive amount of material related to the case as Gilbert has - and this is only her second counsel, so he has the "right of choice counsel" via the Sixth Amendment, and thus, the current trial should be declared a mistrial with the idea of a new trial taking place when Gilbert has recovered.
The motion argues, "Mr. DiBiase first hired Mr. Gilbert in April 2020—almost six years ago—for matters related to this case. Mr. Gilbert has been lead counsel and counsel of record in this case from its inception. This case involves an unusually large and complex evidentiary record, including more than 6.1 million pages of Bates-numbered materials, scores of millions of additional unnumbered documents, and sixty-five potential government witnesses. Over the three years preceding trial, Mr. Gilbert (who has tried more than thirty federal criminal cases) served as the principal architect of the defense, developing the trial strategy. He also prepared the examination outlines, impeachment materials, and the defense’s evidentiary plan for—and was planning to question at trial—the majority of the witnesses in this case, including the most important witnesses such as John Davis."
"There can be no doubt that Mr. DiBiase’s request for a mistrial is “justifiable” under the circumstances. No one expected (and certainly no one intended) that Mr. Gilbert would fall ill in the early stages of trial. There is obviously no gamesmanship on Mr. DiBiase’s part in seeking to put off his trial—during which his freedom will be at stake—until Mr. Gilbert can resume the demonstrably excellent representation that has justified Mr. DiBiase’s original and continued choice of counsel."
Details related to Gilbert's health are redacted, including material from Gilbert's doctor.
The Court is requiring the Government to respond to DiBiase's response by 1/26.
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