State To Appeal In Jefferson County Sheriff`s Case
By: Import User
Updated: January 7, 2009
A special prosecutor has filed a notice the
state will appeal a judge`s decision to dismiss a misdemeanor
charge against Jefferson County Sheriff Boe Fontaine and his
reserve deputy.
The attorney general`s office must file the actual appeal within
60 days. Special Prosecutor W-A McCormick of filed the notice this
week.
The appeal would be filed as a way to clarify the law for all 75
counties.
In January, Special Judge Russell Rogers of Stuttgart ruled that
the state law under which Fontaine and Deputy Dane Reed were
charged is unconstitutional. The 90-year-old law requires sheriffs
or deputies to arrest operators of suspected gambling operations as
soon as the authorities know of their existence.
Posted by Mike Hellgren
