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Alabama Supreme Court sends state legislator’s perjury case to trial

Rep. Barry Moore (R-Enterprise)
Rep. Barry Moore (R-Enterprise)

Alabama state representative Barry Moore’s effort to have his perjury case dismissed came up short Friday in a final ruling by the state supreme court.

Moore pleaded not guilty to a charge of giving false testimony to a grand jury in January.

However, his attorneys also attempted to have the case dismissed. They claimed that Attorney General Luther Strange did not follow the proper procedures after recusing himself and appointing former St. Clair County District Attorney Van Davis to handle the investigation.

A letter from Strange to Davis in early 2013 indicated that Alabama House Speaker Mike Hubbard was the target of the investigation. Strange has not given an official reason for why he recused himself from the case, although he seemed to indicate on Dale Jackson’s north Alabama talk radio program that he did not want to get in the middle of an intra-Party squabble between two GOP factions.

Both Moore and Hubbard have said they believe the investigation is a coordinated political attack.

The trial judge in Moore’s case initially declined the dismissal request, at which point Moore’s team appealed to the Alabama Court of Criminal Appeals. In a somewhat unusual move, the Alabama Supreme Court intervened and took the case before the Criminal Appeals court had even ruled.

On Friday, the nine-member panel ruled 8-0 that the case should go to trial. Justice Greg Shaw recused himself from the ruling.

Moore’s trial is scheduled to begin Sept. 15 in Lee County.

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