HATTIESBURG, MS (WDAM) - New evidence suggests that co-defendant Artie Fletcher has been cooperating with federal investigators since 2014.
On the eve of his federal court date, Rev. Kenneth Fairley's legal team filed a motion asking for a dismissal of his case in light of the evidence.
Fairley's counsel filed the motion claiming prosecutorial misconduct, specifically citing his co-defendant Artie Fletcher's role in the case.
Fairley's counsel claims that Fletcher was a cooperating government informant, thus misleading the court.
According to the motion, the government produced new documents and audio recordings that were withheld from Fairley and his counsel.
The counsel claims that the documents and recordings reveal Fletcher entrapping Fairley under the government's protection.
Fairley's counsel argues that this is a violation of his due process, and request his charges be dismissed.
Four new pieces of evidence show how Fletcher held consensual telephone calls to Fairley that were recorded and handed over to federal authorities.
In an April 2014 interview with federal authorities, Fletcher stated that:
One piece of evidence recently submitted indicates that Fletcher provided telephone numbers and names "of individuals related to the captioned case."
Two of the names listed by Fletcher were Hattiesburg Mayor Johnny DuPree and his wife Johniece.
The government has not responded to Fairley's motion, and jury selection is still set to begin Tuesday morning in federal court.