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Motion filed to dismiss

Thursday, March 8, 2007

BENTON -- Former Scott County Sheriff Bill Ferrell has requested the court dismiss the grand jury's indictment against him.

On Wednesday in the Scott County Circuit Court, Ferrell's attorney Jim Robison filed the motion calling for the dismissal stating Scott County Prosecuting Attorney Paul Boyd had a conflict of interest in the case.

Pointing out that Boyd filed a request to withdraw as prosecutor in the case citing a conflict of interest due to his relationship with the county officers endorsed as witnesses, the motion alleges "if a conflict of interest existed on the date when the indictment was filed then a conflict of interest existed as the prosecuting attorney was representing the state before the grand jury."

Ferrell's attorney noted that as prosecutor Boyd decided who to call as witnesses and what evidence to bring to the grand jury's attention. Also he alleges Boyd's failure to admit his conflict of interest to the grand jury "amounts to prosecutorial misconduct."

Robison also filed a nine-page memorandum citing various cases dealing with his request for dismissal.

"The problem is that he waited until the damage was done before reacting to the existence of his conflict of interest," he stated in the memorandum.

The indictment, handed down by a Scott County grand jury Feb. 23, accused Ferrell of stealing between "$500 and $20,000 from the sheriff's DARE fund and Crime Prevention Fund" between Dec. 1, 2004, and Feb. 26, 2005. The charges stem from an investigation by the Missouri State Highway Patrol and a state audit of the county's finances.

St. Louis County Prosecutor Bob McCullough was appointed special prosecutor in the case after Boyd stepped aside due to the conflict of interest.

Boyd was reportedly in court today and was unavailable for comment as of press time.