CHARLESTON — Two assistant U.S. attorneys filed a motion in limine in suspended Supreme Court Justice Allen Loughry's criminal case.
Philip H. Wright and R. Gregory McVey filed the motion on Aug. 28 to prevent Loughry from introducing "self-serving, exculpatory statements."
"Any such statement is hearsay and is inadmissible by Defendant," the motion states.
The motion states that investigators have conducted several interviews with Loughry and that in each of those interviews he has provided self-serving statements.
The motion lists examples, such has Loughry claiming he disagreed with how the state Supreme Court spent public funds and how he was concerned regarding fiscal oversight by other justices and the administration.
The United States also filed a motion in limine to prevent Loughry from presenting "impermissible character evidence" about himself at the trial.
"In this case, in which defendant Loughry stands charged with fraud, tampering with a witness, obstruction of justice and lying to an FBI agent, the character traits of being honest or being a law-abiding citizen are relevant," the motion states. "But, defendant Loughry might seek to introduce evidence of other character traits that are not pertinent or relevant to the case."
The motion notes examples of generosity or an "abiding love" of West Virginia as trains that are not a pertinent character trait to the case.
"These are but examples of possible character traits that defendant Loughry might try to offer at trial," the motion states. "The United States seeks to avoid having inadmissible evidence even solicited."
Loughry's trial is set to begin Oct. 2. He's been charged with using his office for private gain and making false statements.
He was indicted in June on 22 counts that included lying to federal agents, witness tampering, mail fraud and wire fraud. If convicted of all charges, he faces fines of $5.5 million and 395 years in prison. He also faces up to three years of supervised release. Ten more counts were added later.
The charges are linked to Loughry’s denial that he had anything to do with renovations to his state Capitol office that included a $32,000 couch, $1,700 for throw pillows and a $7,500 wooden inlaid medallion in his office floor.
Loughry was elected to the Supreme Court in 2012, and served as chief justice in 2017.