White Plains, NY (WBNG Binghamton) The defense team for New York State Sen. Thomas Libous claimed the government is withholding documents that can help prove his innocence.
The senator appeared at a 30-minute pre-trial hearing Wednesday morning in White Plains.
"This is a part of the process we have to go through to prove that we are innocent and not guilty," said Libous (R).
In July, Libous was indicted on a federal charge of making a false statement to the FBI about using political influence to secure his son a job with a prominent law firm in Westchester County.
In Wednesday's court, Libous' defense team asked to file three motions: a change in venue for the trial, clarification on what his offenses are and handing over documents to the defense.
60,000 documents have been given to the defense, but Libous' attorney said there are still thousands of pages of witness testimony the federal government is withholding that would clear his name.
"They've already given us some, to their credit that shows Tom's not guilty. We believe there's more," Paul DerOhannesian, Libous' attorney said.
The defense now has 60 days to make those motions. The prosecution will then have three weeks to respond. Libous is due back in court on January 9, 2014 at 10:00 a.m.
The Republican, who has been representing the 52nd district of the state for a quarter of a century, could face up to five years in prison if found guilty.
"I can handle it. I can do the job everyday," Libous said. "Remember, I was under investigation for four years and certainly couldn't talk about it. Performed my duties as a senator very well, ran the floor of the senate, provided what I needed to provide for the people of my district."
Libous is running for re-election. The primary election will be held next Tuesday.