MONTGOMERY, Ala. (AP) - Alabama’s attorney general has 14 days to show why its appeal shouldn’t be dismissed in the prosecution of a former lawmaker.
The Court of Criminal Appeals issued an order Thursday saying it appears the office of Attorney General Luther Strange is attempting to appeal a non-appealable order in the case against former state Sen. Lowell Barron.
The attorney general is fighting a judge’s order that bans the introduction of evidence at trial about whether Barron and his campaign aide had a romantic relationship.
Barron, a 28-year veteran of the Senate from Fyffe, and campaign aide Jill Johnson were indicted last year on charges of misusing $58,000 in campaign funds from Barron’s unsuccessful re-election bid in 2010.
They were supposed to go on trial April 14 in DeKalb County, but the trial got delayed when Attorney General Luther Strange’s office appealed the ruling by Circuit Judge Randall Cole.
The attorney general’s staff argued that not being allowed to present evidence about a romantic relationship would keep the prosecution from showing motive and would be fatal to their case.
They contend Barron provided $58,000 to Johnson, including $50,000 after the 2010 loss, so she could repay a loan he gave her to buy a house.
Barron’s attorneys maintain the relationship was always professional and that Johnson used her income from the campaign to pay bills like any other working person does.
Barron has repeatedly criticized the prosecution, saying it has no case.
“Today’s order shows that Luther Strange’s appeal was yet another attempt to prevent me from getting a fair hearing in DeKalb County,” Barron said.
A spokeswoman for the attorney general said his office had no comment.
If the attorney general’s appeal is dismissed, Barron’s case could be rescheduled for trial soon. If the appeals court decides to hear the appeal, it could take months for a ruling.
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