The attorneys for a former Livingston County judge made a motion to dismiss the felony charges against her and, failing that, move her trial to another county due to pre-trial publicity.

The motions came Thursday in court as former 53rd District Court Judge Theresa Brennan stands accused of perjury, misconduct in office, and destroying evidence in relation to her 2016 divorce case. The charges were filed last December by the Michigan Attorney General's office. Brennan’s attorneys argue that Flint District Judge David Guinn improperly bound her over for trial at a hearing in June despite not having enough evidence to do so. One of the issues was whether or not Brennan committed perjury when she testified about her cell phone in the divorce case. An order had been issued preserving the phone and its contents for the case. Her attorneys argue that even though she deleted apps off her phone, the factory-installed apps remained. Assistant Attorney General Daniel Grado countered that a jury should ultimately decide what Brennan’s intent was in deleting the apps.

The other issue was whether Brennan committed misconduct in office when she waited six days to disqualify herself from her own divorce case. Her attorney argued that there is no specific timeline for a judge to make a disqualification, while the AG’s office contends the six day period was used in furtherance of her efforts to gain an advantage in the divorce case. Wayne County Circuit Court Judge Paul Cusick, who presided over Thursday’s hearing, said he'll issue an opinion next month on the motions. The Michigan Supreme Court in June issued a unanimous opinion ordering Brennan be removed from the bench, thus suspending her from holding judicial office for six years. (JK)