A motion to dismiss a grand jury indictment against Carson City prosecutor Anne Langer was filed in District Court on Friday.
In his motion, attorney Scott Freeman who represents Langer said his client was the victim of prosecutorial misconduct when she was indicted for allegedly intimidating a witness.
"The blame for the grand jury abuses in this case is directly attributable to the acts, and failures to act, of the special prosecutor," Freeman says of special prosecutor Terri Steik Roeser
He claims that the grand jury did not have the ability to indict Langer because the statute of limitations had run out before the grand jury was impaneled.
"We believe the special prosecutor exceeded her authority in the way she conducted the grand jury," Freeman said.
In addition, Freeman said the grand jury exceeded its limitations in the charge for which Langer was indicted.
"The charge in the original petition (preventing or dissuading a witness or victim from reporting a crime) is completely different than the charge of intimidating a witness," Freeman said.
The grand jury was impaneled March 13 to review a petition spearheaded by Ron Weddell for what he says was a deliberate refusal to prosecute Jaime Bustamante and his brother, Johnny.
The petition alleged misconduct by Langer, District Attorney Noel Waters and several of Carson City's law enforcement officials in their handling of the alleged Bustamante crimes.
Langer was indicted June 21 by the grand jury for allegedly attempting to intimidate a witness in a case against Weddell.