Former Norfolk Sheriff Bob McCabe’s defense files motion to dismiss indictment; alleges charges are too vague

Posted: Feb 4, 2020 / 04:44 PM MST

Updated: May 13, 2020 / 03:18 PM MDT

May 11 UPDATE: McCabe’s trial was postponed to May 27, 2020 because of the COVID-19 pandemic and then rescheduled again for December 1, 2020.

NORFOLK, Va. (WAVY) — Former Norfolk Sheriff Bob McCabe’s defense team filed documents on Monday requesting the court dismiss the indictment against him.

His attorneys argue the government has not alleged “facts that constitute a prosecutable offense.”

Back in October 2019, McCabe was indicted on 11 charges, which accuse him of engaging in a “quid pro quo” relationship with the owner of a medical services company.

Prosecutors say they have 85,000 documents totaling nearly half a million pages of evidence against McCabe and his co-defendant, Gerard Boyle.

However, McCabe’s defense attorneys argue the prosecution hasn’t proven anything specific, saying its case only “generally alleges activities over the course of thirteen years.”

In the documents, McCabe’s attorneys argue that the indictment is too general, and the prosecution doesn’t prove a specific set of facts. The defense also requested a “bill of particulars,” which essentially asks the prosecution for the specific details of the bribery McCabe is accused of.

The documents say the indictment is so vague, McCabe and his team can’t prepare to defend against the allegations.

McCabe pleaded not guilty to the charges back in November. The trial is set for May 27.