Ted DiBiase Jr.s criminal trial will move forward after a federal judge denied his latest attempt to have the case thrown out, despite his lead attorney remaining sidelined by a serious medical emergency. The United States District Court for the Southern District of Mississippi rejected DiBiases motion for a mistrial, marking the second time the former WWE star has failed to halt proceedings tied to his role in the states massive welfare fraud scandal. The decision comes after DiBiases legal team argued that continuing without his primary attorney would be unfair and compromise his defense. DiBiases lead lawyer, Jason Scott Gilbert, suffered what was described in court filings as a sudden, medical incapacitation, which forced the trial to pause weeks ago while it was already underway. With the trial now resuming, Gilbert remains unable to return, leaving DiBiases defense in a difficult position. In the latest filing, co-counsel Eric Herschmann explained that Gilberts medical outlook remains uncertain and warned that proceeding without him creates serious legal disadvantages. Herschmann also made clear that he was never hired to handle the full criminal case. Instead, he stepped in temporarily without pay to assist with a very limited portion of the proceedings. Because of that limited role, Herschmann and his legal team are not fully familiar with the broader scope of the governments case, which includes extensive evidence and documentation. Despite making efforts to review materials, Herschmann told the court that taking over the entire defense on short notice would be impossible. He also noted that his ability to remain in Mississippi for an extended trial is limited due to prior professional obligations and religious commitments, including upcoming Jewish holidays that will require him to be in Israel. The motion also clarified that DiBiases request for Criminal Justice Act counsel was not about securing payment for Herschmann, but rather obtaining a fully appointed attorney capable of managing the entire trial. Court filings revealed that the limited funds DiBiase had available borrowed from family were already exhausted covering Herschmanns initial, narrowly defined role. Despite these arguments, the court denied the mistrial motion during recent proceedings. The exact reasoning behind the judges decision has not yet been publicly confirmed. DiBiase was arrested in April 2023 and faces multiple serious charges, including conspiracy to commit wire fraud, wire fraud, theft concerning federal funds, and money laundering. Prosecutors allege he was part of a scheme involving more than $77 million in welfare funds intended to help Mississippis poorest residents. If convicted, DiBiase could face decades in prison, including up to 20 years per wire fraud count. With the mistrial request denied, DiBiases case will now continue, placing him in a high-stakes legal battle that could determine his future. Do you think the court made the right decision by denying the mistrial despite his attorneys medical emergency, or should the trial have been delayed further? Share your thoughts and feedback in the comments. G Add as a preferred source on Google
