- Associated Press - Monday, June 1, 2015

CHEYENNE, Wyo. (AP) - Lawyers for former Albany County Attorney Richard Bohling are asking a district court judge to dismiss criminal charges against him if the Wyoming Attorney General’s Office can’t show it has standing to prosecute his case.

Bohling faces six felony and three misdemeanor charges. He has pleaded not guilty to state charges alleging he took thousands of dollars’ worth of cameras and computer equipment while serving as county attorney.

Bohling’s lawyers filed a motion on Friday asserting that the AG’s office hasn’t shown it has standing to prosecute him. They’re asking District Judge John R. Perry of Gillette to dismiss the charges unless the AG’s Office can show it belongs in the case.

In their motion to dismiss, defense lawyers John Robinson of Casper and John LaBuda of Pinedale argue that the Attorney General’s Office didn’t follow state law that says it may act as a special prosecutor upon the request of county commissioners, a district judge or the governor.

In a separate motion to suppress evidence, Robinson and LaBuda state that District Judge Keith Kautz of Torrington last spring signed a search warrant that specified investigators had five days after executing the warrant at Bohling’s county office to file notice with the court what the warrant had turned up.

The lawyers allege that the investigators took too long to file the notice with the court, saying it was executed on May 1, 2014, but not filed with the court until May 7.

In their third motion, Bohling’s lawyers ask for a court order to require the AG’s Office to provide them a more specific statement of what the state alleges Bohling did wrong.

According to court records, the Wyoming Division of Criminal Investigation began investigating Bohling last spring at the request of Albany County Sheriff Dave O’Malley.

Steven J. Herrmann, a special agent for the division, gave a sworn affidavit last year to support his request for a search warrant for Bohling’s office. According to Herrmann’s affidavit, the Albany County Clerk previously had conducted a “quiet audit” of Bohling’s office and found nearly $20,000 in questionable expenses.

Herrmann stated that DCI had a county official call Bohling in April 2014 and tell him that he had learned the division would be investigating purchasing irregularities within county government. After the call, agents placed Bohling under surveillance.

According to Herrmann’s affidavit, the agents later saw Bohling carrying a daypack back into his office, which Herrmann believed contained camera gear and other materials that he had taken for personal use but was returning to the county.

Bohling, who started serving as county attorney in 2002, didn’t seek re-election last year.

In their request to require the state to provide more specific information about the charges against Bohling, his lawyers say that the state has turned over hundreds of pages of documents, including years’ worth of purchasing records from the Albany County Attorney’s Office. The lawyers ask Judge Perry to force the state to point to specific actions that state alleges Bohling committed which were illegal.

Robinson declined comment on the motions on Monday.

Assistant Attorney General Christyne Martens said Monday her office is working on response to Bohling’s motions. She said she could not comment on the motions themselves.

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