In the request filed Oct. 24 in Cherokee County Superior Court, Marlow’s attorney, Brian Steel, argued she was “denied her right” to appear before the grand jury, which indicted her Oct. 15, along with her political adviser Robert Trim and Cherokee GOP Secretary Barbara Knowles.
As a result, Steel asked the indictment be overturned.
The school board member did not immediately return a phone call requesting comment Tuesday.
Marlow, Trim and Knowles were each indicted on several felony counts of making false statements claiming Cherokee County Superintendent of Schools Dr. Frank Petruzielo tried to run them down with his BMW after a school board meeting in June.
According to the Cherokee Clerk of Court’s Office, Trim and Knowles, who are represented by different attorneys, haven’t filed to have their indictments thrown out.
Despite the fact Marlow’s charges are related to false statements allegedly made about the superintendent, her attorney argued the charges didn’t affect her position on the school board.
“These crimes alleged,” Steel wrote in the motion, “do not appear to relate to Ms. Marlow’s position as an elected official.”
Steel argued that because he feels Marlow’s charges don’t affect her position in office, District Attorney Shannon Wallace should have never forwarded a copy of her indictment to Gov. Nathan Deal in order for his office to put the wheels in motion to form a panel to consider if she should be suspended.
Deal formed the panel late Tuesday, and it will decide if Marlow should be suspended, pending her charges, according to the Governor’s Office.
Steel went on to say in his request if the charges do affect her position, according to state law, Marlow should have been given a copy of the proposed indictment 15 days before it hit the grand jury and should have been given a chance to appear before the grand jury.
Wallace said in mid-October that she had sent the indictment to Deal, as was required by state law.
On Tuesday, she said she was unable to comment on any of the arguments made by Steel in the request to throw out the indictment.
“Unfortunately, I can’t comment about the specific arguments defense counsel has made in this motion,” she said. “These are all issues that will be addressed by the state at the motion hearing, which is tentatively scheduled for Nov. 21.”