Rep. Moore's attorneys claim grand jury is bogus - WSFA.com Montgomery Alabama news.

Rep. Moore's attorneys claim grand jury is bogus

Rep. Barry Moore (Source: Lee County Sheriff's Department) Rep. Barry Moore (Source: Lee County Sheriff's Department)
OPELIKA, AL (WSFA) -

During a one hour motion hearing Tuesday at the Lee County Justice Center, an attorney for indicted Rep. Barry Moore (R-Enterprise) argued that the entire Grand Jury is illegitimate, and that the three attorneys overseeing it have no legal standing.

Moore hired former Alabama Attorney General Bill Baxley to defend him in the case. Moore is charged with two counts each of perjury and lying to investigators.

"They have not shown that authority and when we call their hand on it, and we have and I don't think they can because there's no authority there," Baxley told Lee County Circuit Judge Jacob Walker. When it comes to the ability to bring indictments Baxley added, "The subpoena is going to prove that they don't have it."

Moore's defense team wants the entire case thrown out as well as access records of the attorney general's office for proof, or lack thereof, that the attorneys who have been working with the Lee County Grand Jury have no authority to do so.

Van Davis has been appointed by the Attorney General to handle matters relating to the grand jury in Lee County that has been investigating public corruption. That's according to a press release sent out by the department that announced the arrest of Rep. Moore.

Two other attorneys, Matt Hart and Michael Duffy, have also worked with the grand jury.

Duffy told the judge Tuesday, "In Alabama I'm not aware of having to flash a badge to be able to do that, your honor. Like I said, if you're an officer of the court, unless you've got some evidence to support your challenge, then we'd be happy for you take us at our word."

Moore was the second member of the legislature to face charges that stemmed from the grand jury in Lee County. Rep. Greg Wren, (R-Montgomery) resigned last month after pleading guilty to an ethics violation of using his office for personal gain. Wren has been cooperating with the Grand Jury ever since.

Moore is charged with lying about whether the Speaker of the Alabama House, Mike Hubbard, pledged to kill a jobs project in Enterprise, Moore's home district, if he had a particular GOP primary challenger.

An attorney hired by Mike Hubbard was present for Tuesday's hearing.

Judge Walker did not rule on the motion to dismiss.

Copyright 2014 WSFA 12 News.  All rights reserved.

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