The defense filed a motion to dismiss four theft charges against Limestone County Sheriff Mike Blakely.
The motion states, "that upon listening to the opening statement given by the Alabama Attorney General’s Office in this matter, it is abundantly clear that the State intends to use the theft of property statutes cited in counts 1-4 of the indictment beyond their intended purpose to apply to cases not intended by the Legislature."
The defense argues that the owner identified in each of the counts is the principal campaign committee, which was created to benefit an individual candidate or elected official. In this case, Mike Blakely. The motion states the committee or its treasurer has exclusive custody of all the money given to or for the candidate,
"This at a bare minimum gives the Defendant an interest in the property at issuein counts 1-4," the motion reads.
The defense further argues that the Fair Campaign Practices Act says you can't prosecute more than two years after the date of the violation.
The judge has not made a ruling on the motion. The trial is expected to begin with witness testimonies on Monday.
Read the full motion filed below: