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Hurd's lawyers file motion to dismiss

Published: Tuesday, Oct. 23, 2012 9:58 a.m. CST

(MCT) — Attorneys for Sam Hurd last week filed motions to dismiss three of the federal drug counts the former Bears and Northern Illinois receiver faces.

His attorneys said two of the counts — attempt to possess with intent to distribute cocaine and marijuana — should be dropped because Hurd was not at the San Antonio store in June earlier this year when his cousin, Jesse Tyrone Chavful, was arrested, nor was Hurd negotiating with an undercover agent like Chavful. The lawyers also allege that a drug conspiracy count should be dropped because the allegations linking Hurd to Chavful didn't occur in the proper federal jurisdiction.

"The bottom line is (the charges) weren't properly brought by the government," said Hurd's lawyer, Jay Ethingon.

Hurd initially was arrested in December and later indicted for what prosecutors describe as efforts to establish a massive drug network. He remains in custody after a judge revoked his bond in August.

A plea deal with Hurd fell through last month. His lawyers alleged in court filings last week the negotiations broke down because pleading guilty to charges involving Chavful prohibits Hurd from serving a lighter sentence.

His attorneys also filed several motions requesting information that they said the government has not provided to the defense.

Trial is scheduled for Dec. 3. Hurd's attorneys filed a continuance, requesting its start be delayed until April because his attorneys have other legal obligations. Prosecutors prefer a February date, the filing shows.

Chavful and a second man, Toby Lujan, both have pleaded guilty to federal drug charges.

Even if the charges were dropped, Hurd still would face three other counts.

The U.S. Attorney's office declined to comment.

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