“Because of his disagreement with the law and his personal bias, he ordered the board members to resign or be prosecuted. His actions are nothing short of blackmail. When the board refused to resign, Mr. Prater made good on this threat and filed charges. In doing so, he clearly initiated a vindictive prosecution against the board members who refused to bend to his will,” defense attorneys wrote.
If the cases are not dismissed, the judge also must decide whether the five board members will have separate trials or be tried together.