Judge asked to dismiss charges against legislator
DECATUR — Defense attorneys told a federal judge Thursday that fraud charges against a state legislator should be dismissed because prosecutors badgered witnesses before the grand jury.
U.S. District Judge David Proctor did not immediately rule on the motion to dismiss the charges against state Rep. Sue Schmitz, D-Toney, at a pretrial hearing Thursday
Her trial is scheduled to begin Aug. 18 in a case stemming from the probe of Alabama's two-year college system.
Schmitz, 63, is accused of taking more than $177,000 in pay from a program affiliated with Alabama's two-year colleges despite doing hardly any work. She did not attend Thursday's hearing.
Proctor denied a motion to require prosecutors to turn over all grand jury transcripts to defense attorneys. But the judge said he would consider a motion that he review all grand jury documents.
Defense attorney Buck Watson told Proctor that prosecutors badgered witnesses and sought out certain answers. Assistant U.S. Attorney William Athanas said questions he and other prosecutors asked grand jury witnesses were proper.
Some parts of the transcript of grand jury testimony have been released to defense attorneys. Watson told Proctor an example of prosecutor misconduct occurred when Athanas was questioning one of Schmitz' supervisors, Charles Foley. Watson said Foley described part of Schmitz' job as "forming alliances."
In the transcript, Athanas' response was, "Isn't it difficult to say if you are forming alliances unless you are attacked by someone," Watson said.
Athanas defended his line of questioning and said he was trying to get Foley to tell him the job description Schmitz gave for her position.
After hearing the answer about "forming alliances," Athanas said he asked Foley, "Would you agree with me that was sort of a fake job description."
Watson and his son, Jake Watson, are representing Schmitz. Jake Watson said another example of what he considered badgering witnesses and trying to influence the grand jury came when a prosecutor was questioning an employee of the CITY Skills Training Consortium, where Schmitz worked. He said the employee told the grand jury that she did not know Schmitz very well and that a prosecutor replied, "Well, we'll get to why you don't know her too well."
Jake Watson said prosecutors used a tone with witnesses that suggested "you better tell us what we think the truth is."
Proctor asked Watson why he should believe that type of questioning influenced the grand jury to indict Schmitz, a retired high school teacher.
"Part of the reason we feel that way is we feel our client is innocent," Watson answered.
