Sen. Don Balfour is headed to trial after a judge denied a motion to throw out charges involving false per diem requests.
On Monday, a judge rejected Balfour’s attorney’s argument that the man’s indiscretions should — and have — been punished by the state Senate.
“This indictment is unconstitutional,” defense attorney William Hill said in court Friday, “and it invites a violation of all of these well-established constitutional principles (of the separation of powers).”
But a lawyer with the attorney general’s office said that argument would mean that legislators are immune from prosecution.
“What (the defense) is really saying is General Assembly members are above the law, and that they should be treated differently,” said prosecutor Greg Lohmeier.
The judge’s ruling means that Balfour’s Dec. 16 trial will move ahead.