May 11 UPDATE: McCabe’s trial was postponed to May 27, 2020 because of the COVID-19 pandemic and then rescheduled again for December 1, 2020.
NORFOLK, Va. (WAVY) — Former Norfolk Sheriff Bob McCabe’s defense team filed documents on Monday requesting the court dismiss the indictment against him.
His attorneys argue the government has not alleged “facts that constitute a prosecutable offense.”
Prosecutors say they have 85,000 documents totaling nearly half a million pages of evidence against McCabe and his co-defendant, Gerard Boyle.
However, McCabe’s defense attorneys argue the prosecution hasn’t proven anything specific, saying its case only “generally alleges activities over the course of thirteen years.”
In the documents, McCabe’s attorneys argue that the indictment is too general, and the prosecution doesn’t prove a specific set of facts. The defense also requested a “bill of particulars,” which essentially asks the prosecution for the specific details of the bribery McCabe is accused of.
The documents say the indictment is so vague, McCabe and his team can’t prepare to defend against the allegations.
McCabe pleaded not guilty to the charges back in November. The trial is set for May 27.
- Motion and memorandum to dismiss indictment for failure to allege quid pro quo
- Motion for bill of particulars
- Memorandum in support of motion for bill of particulars
- Motion in limine to exclude evidence from trial
- Motion to strike campaign contributions in case against former Norfolk Sheriff Bob McCabe
- Motion to dismiss count 11 of the indictment against former Norfolk Sheriff Bob McCabe
- Memorandum in support of motion to dismiss count 11 of the indictment
- Notice of attorney appearance for former Norfolk Sheriff Bob McCabe in federal court Feb. 3.
- Former Norfolk Sheriff McCabe indicted on public corruption charges
- Former sheriff McCabe pleads not guilty to public corruption charges