MONTGOMERY, AL (WSFA) - Just days before he's to face a jury on federal corruption charges, Victoryland owner Milton McGregor's attorneys are filing a motion to dismiss all charges based on instructions provided to the grand jury.
McGregor's attorneys say they recognize that courts don't often dismiss cases "based on flaws in the legal instructions given to the grand jury," but contend their client's case "presents an unusual and important situation."
The grand jury, according to the filing, was not instructed on the required element of "quid pro quo" and "explicit quid pro quo" relating to charges based on campaign contributions the prosecution calls bribes.
[Read the motion to dismiss - (.pdf)]
The defense says the prosecution has been basing its case on an incorrect understanding of the law and believes that because of that incorrect understanding the jury was never educated on what must be proven.
"This is no run-of-the-mill case," the defense said in its filing. The defense believes a grand jury would've never indicted McGregor based on proper instructions.
McGregor and seven other individuals, including lobbyists and 4 legislators, are set for trial at the Federal Courthouse in Montgomery. Jury selection starts on June 6th.