Tim Boyd’s criminal extortion case could go to trial this fall after a special judge on Tuesday declined the county commissioner’s motion to dismiss.
Judge Andrew Freiberg, of Bradley County, Tennessee, said there’s a dispute over whether Boyd and East Ridge Mayor Brent Lambert’s phone conversations in February are protected political speech or extortion. Because of that, Freiberg said he shouldn’t rule on the issue before prosecutors present their case.
East Ridge Mayor and then-District 8 Hamilton County Commission candidate Brent Lambert speaks during a news conference in The Orange Room at the East Ridge Community and Senior Center on April 16, 2018 in East Ridge, Tenn.“It’s very common for opponents to have communications with each other as they either are [engaging in a political race] or [are] contemplating engaging in a political race,” Freiberg said. “However, what may be said or the tenor of those statements, whether it’s truly protected political speech, or whether it rises to extortion or coercion , is a fact that is in dispute. And, therefore, the court should not consider the motion to dismiss.”
Freiberg set the next court date for Aug. 9 at 2 p.m., and he said Boyd can plead or set a trial date at that time. He is overseeing the case because Hamilton County’s judges recused themselves, not wanting to create any appearance of bias.
Freiberg listened to about 45 minutes of arguments Tuesday from Hamilton County District Attorney General Neal Pinkston and Boyd’s defense attorney, Lee Davis, before making his ruling. Last month, Davis filed a motion to dismiss, saying Boyd’s conversations fall under protected political speech. And Tuesday he expanded on that argument, saying Freiberg’s ruling could have a huge impact on future elections.