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With his criminal trial resuming today, former WWE star Ted DiBiase Jr. filed a second motion attempting to get a mistrial declared.
DiBiase previously attempted to get to the trial thrown out as his primary attorney Jason Scott Gilbert is dealing with a medical issue (described as a "sudden, medical incapacitation") and was unable to continue the trial. The court paused the trial, which was several weeks in, until this week but again, Gilbert is unable to take part due to his illness.
In today's Motion, DiBiase's counsel Eric Herschmann explained that Gilbert’s doctors have not yet determined whether his medical condition will allow him to proceed with trial. Herschmann reiterated that he was retained pro bono (free) for a narrowly defined purpose: to handle one specific witness (and possibly a second, depending on scheduling) during limited January dates. He and his firm’s litigation specialist are familiar only with those witnesses from related civil litigation. They are not familiar with the broader facts, key witnesses, or the extensive discovery in DiBiase's criminal case, including witness interviews, investigative reports, recorded statements, or the "millions of documents produced by the Government." Despite recent efforts to review materials, he states it is impossible to become adequately prepared to try the entire case. Herschmann stated that while he rearranged his schedule at significant personal and professional cost to appear on 2/23, he cannot remain in Mississippi for an extended trial due to other professional and personal commitments. Additionally, upcoming trial dates would conflict with Jewish holidays, during which he will be in Israel for religious observance and unavailable to work. He also stated that DiBiase’s request for CJA counsel was not to secure compensation for him, but to obtain fully appointed defense capable of handling the entire trial. The limited retainer, borrowed from family, covered only the originally contemplated narrow appearance and has already been exhausted. So, DiBiase cannot afford him.
The Court has not yet responded to the Motion.
DiBiase Jr. was arrested in April 2023 on one count of conspiracy to commit wire fraud and to commit theft concerning programs receiving federal funds, six counts of wire fraud, two counts of theft concerning programs receiving federal funds, and four counts of money laundering. The charges are part of Mississippi’s largest welfare fraud scandal, which involved more than $77 million in federal funds meant for the state’s poorest residents. Prosecutors allege the money was improperly distributed to former athletes, wrestlers, and nonprofits. DiBiase faces a potential sentence of up to 20 years per wire fraud count, 10 years per theft and money laundering count, and five years for conspiracy - if he is found guilty.
The crux of the trial centers on whether he unlawfully took Mississippi welfare funds intended for low-income families or legitimately earned the money through contracted service
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