NACOGDOCHES ( KTRE ) - Today attorneys in Lynda K. Russell's behalf filed a motion that could excuse her from providing a deposition in a civil lawsuit. The Shelby County district attorney and other elected officials from the small town of Tenaha are defendants in a civil lawsuit. Passing motorists say they were illegally pressured in giving up their property during questionable highway pullovers.
Russell's attorneys don't want her talking about the forfeiture funds. Plaintiffs contend they were illegally obtained near Tenaha and later illegally spent.
"We need that testimony and we've been dying to know since we started this thing exactly what she had to say," said David Guillory, the plaintiff's attorney.
Russell had already been granted a 90 day protection from testifying. Primarily because the Tenaha stops have led to a federal grand jury criminal investigation.
" It would be an awkward position to be indicted on a criminal case and have to answer questions about the same events in a civil case," explained Guillory.
The Nacogdoches attorney is objecting to the sealed protection motion. He doesn't want anything to throw a scheduled September class action certification hearing off track.