As their replacements get sworn in, former state representatives Todd Courser and Cindy Gamrat are back in court.
"Are these crimes? We believe ultimately that the answer is no," said Gamrat's attorney Mike Nichols. Neither Courser nor Gamrat spoke in court, instead they let their lawyers do the talking.
The former representatives' lawyers made a motion to have some recordings from the house of representatives committee meetings, where both testified, thrown out.
Specifically, the recording in which Todd Courser is speaking to a house aide, Ben Graham, and allegedly calls Cindy Gamrat.
In the recording, Courser says Gamrat knows about the smearing email, and is on board with it.
"There are some statements that were made by Cindy Gamrat that we believe are not fair game for the government," Nichols said.
Courser's attorney Matthew DePerno argued that because another aide told Graham to record the conversation, it shouldn't be used in court.
"The statute clearly states that if you direct somebody to record a conversation, then that's illegal. It's also inadmissible," DePerno said.
After the hearing was adjourned, Courser said he's tired of the process.
"My family's trying to move on, her family's trying to move on. It's sort of ridiculous," Courser said.
He's facing up to 30 years in prison for lying to investigators under oath and misconduct in office.
Gamrat is also charged with misconduct in office, and could spend ten years in prison if she's found guilty.
Either way, the more than 35 hours of recordings that sealed their fate at the capitol will play a big role in their trial.
The two are due back in court in May for an evidentiary hearing that will determine whether or not the recordings will be allowed.
