ALEXANDRIA — A federal judge in Alexandria will hear the request for a new trial, or new judge ruling, and accusations of perjury against Concordia Parish District Attorney Brad Burget filed by Jim Whittington’s legal counsel.

In federal court on April 25, a jury of seven unanimously found that Sheriff Randy Maxwell did not maliciously prosecute Whittington in 2003.

On July 13, Federal Judge Dee Drell, who heard the April case in the Western District Court of Louisiana in Alexandria, will decide the motions based on the record of the previous trial and will not hear oral arguments from either legal counsel.

In the civil lawsuit originally filed in 2008, Whittington claimed he was the victim of a law enforcement vendetta following his arrest for simple robbery, telephone harassment and stalking in 2003.

Whittington claimed those charges and criminal proceedings were trumped up because he ran a heated election campaign against Maxwell in the 2003 race for sheriff.

Maxwell defeated Whittington in the general election and won a runoff election against Glen Lipsey in 2003.

The newest court documents filed by Whittington’s attorney, Mitchel Evans II, state that a new trial, or new ruling by the judge, be granted because of jury confusion, the discovery of new evidence not available during the trial, witness perjury and the jury’s failure to consider evidence that was admitted and/or not contradicted by Maxwell’s attorney.

Maxwell’s legal counsel will have 21 days from the date of the new motion filed to enter a memorandum in opposition of the new hearing.