A fderal judge set a jury trial recently in an ongoing legal battle between the Texas County prosecutor and a former employee.
U.S. District Judge Richard E. Dorr said the trial would begin at 9 a.m. Wednesday, March 30, at the U.S. Courthouse in Springfield.
The trial was postponed late last year after Texas County Prosecutor Mike Anderson’s legal team pursued an appeal to the U.S. Court of Appeals, which sided with Dorr’s earlier ruling on what jurors would hear.
The legal maneuvering continues in federal court with the latest motions concerning a judge’s issuance of a criminal investigative subpoena to obtain telephone answering machine messages left by Anderson on equipment owned by the plaintiff Monica Daniel Hutchison. Anderson’s team, in a court filing, says the prosecutor’s actions in 2005 are subject to a three-year statute of limitations. Hutchison’s attorneys disagree, saying, Anderson “obtained (it) for the improper purpose of silencing plaintiff from making truthful statements…” and that the subpoena was “an illegal, improper, perverted use of process which was neither warranted nor authorized by the process.”