Attorneys for the Executive Chef to Virginia Governor Bob McDonnell are asking a judge to throw out his embezzlement charges, claiming the Commonwealth's Attorney General has a conflict in the case.
Todd Schnieder's attorneys filed the motion to dismiss in court Monday. They argue Attorney General Ken Cuccinelli violated their client's rights to an impartial prosecutor by bringing charges, despite apparent conflicts of interest in the case.
Cuccinelli and his office moved to withdraw from the case on Friday due to conflicts stemming from the First Lady's former-Chief of Staff. Mary Shea Sutherland was Schneider's superior at the Executive Mansion and later went to work for a firm which helped raise funds for the Attorney General's gubernatorial campaign.
The motion argues since Cuccinelli was aware of the conflict for at least nine months prior to the charges being placed the indictments should be dismissed. The case is scheduled for a hearing on Thursday.
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