Attorneys representing Limestone County Sheriff Mike Blakely filed motions Tuesday asking the court to declare the Alabama Ethics Act unconstitutional and dismiss the indictment against him.

In a separate motion, attorneys asked the court to dismiss count nine of the 13-count indictment, citing the fact that fourth-degree theft is a misdemeanor. State code says prosecution of misdemeanors “shall be commenced within 12 months after the commission of the offense.”

The motion attacking the ethics law describes it as “unconstitutionally vague” and “over broad.” The motion charges sections of the ethics law cited as part of the indictment against Blakely are “void for vagueness.”

Elsewhere, the motion states the Alabama Ethics Commission, “has agreed with the purpose of construing criminal laws: ‘In order to prohibit activity, it must be clearly spelled out so that the affected individuals can easily understand what is and is not prohibited.’”

In a third motion filed Tuesday, attorneys accuse the state of being haphazard with its approach to discovery. The state provided Blakely’s attorneys with two thumb drives — one containing a “voluminous number of emails” the state indicated it “probably won’t use,” and another containing 64,418 documents.

The motion says the documents on the second thumb drive would fill 15 banker boxes and take more than 100 hours to read just one time. It goes on to say while the defense “appreciates transparency,” it requests the judge order the state to indicate which documents relate to each count of the indictment and which documents might be used as court exhibits at trial.

The case against Blakely

A Limestone County grand jury returned a 13-count indictment Aug. 21 against Blakely. Twelve counts are felonies, and one is a misdemeanor.

The first four counts charge Blakely with four separate thefts from his campaign account totaling $11,000. Counts five through 10 charge him with theft or ethics charges stemming from him illegally taking money from Limestone County funds, including from the Sheriff’s Law Enforcement Fund.

A spokesperson with the AG’s office verified the law enforcement fund is the Sheriff’s Office pistol permit fund.

Count 11 charges Blakely with soliciting a $1,000 wire transfer from a subordinate other than in the “ordinary course of business,” the AG’s office said.

Counts 12 and 13 charge the sheriff with using his official position or office to acquire interest-free loans. Specifically, count 12 charges Blakely with using his official position or office to obtain interest-free loans in the form of a $50,000 cashier’s check and/or a $22,189.68 credit.

Count 13 charges Blakely with using his official position or office to obtain interest-free loans by taking money from a safe that was used to store the Limestone County inmates’ personal funds.

The charges stem from an investigation conducted by the Alabama Attorney General’s Office and the Federal Bureau of Investigation. The Alabama Ethics Commission voted 4-0 last October to refer an ethics complaint against Blakely to the AG’s office for investigation. Athens attorney and developer John Plunk, a member of the commission, recused.

In August, the Alabama Supreme Court appointed retired Colbert County Judge Pride Tompkins to hear the case. Blakely is set to be arraigned 1:30 p.m. Tuesday, Nov. 12.

Blakely is represented by attorney Mark McDaniel, who previously represented former Gov. Guy Hunt after he was indicted on ethics charges, and attorneys Robert Tuten and Marcus J. Helstowski. All attorneys work out of McDaniel’s firm, McDaniel and McDaniel LLC.