Update 3: Worley's Trial

The trial of Nancy Worley has been postponed until at least Wednesday or Thursday, according to today's Birmingham News. A postponement is not really a surprise, since the trial was set to start last month and was postponed until July 9. Plus, Worley has a history of putting things off and trying to get things postponed.

The real news - or at least the "new" news - was that the judge in the case, Truman Hobbs, has said he has concerns about trying Worley on the felony counts, saying the underlying statute used for the charges is "vague" and "overbroad". Hobbs said:

"I'm real worried that this statute ... potentially criminalizes a lot of everyday conduct that happens all over the country."

I read over the statute and I have to agree with Hobbs. Interestingly, if you've seen Ed Packard's complaint that set all this in motion, he never mentioned the statute that Hobbs has concerns about. Packard referred to another section that Hobbs did not have problems with.

The misdemeanor charges stem from a section of state law that says a state officer or employee may not solicit a campaign contribution "from other employees who work for the state officer or employee in a subordinate capacity." A violation is punishable by a $2,000 fine and a year in jail. Hobbs said he had no problem with Worley being prosecuted under that part of the law.

Take note that the national political environment seems to be bleeding into this case. From the Montgomery Advertiser:

During Monday's hearing, Worley's attorney, James Anderson, told the judge he wanted to be able to talk about political motivation for the prosecution during the trial.

"The complaint was made by Ed Packard, a political opponent. We have every right to question Mr. Packard about political motivation," Anderson said.

Hobbs said he would not stop defense attorneys from questioning Packard's political motivation, but did not want them implying that the prosecution by the Alabama Attorney General's office is politically motivated.

(About the photo: The photo shows Nancy Worley with her campaign manager and boyfriend, Wade Lipscomb. From the Montgomery Advertiser.)