The attorney for former Butler County Assistant Prosecutor Jason Phillabaum says most charges against his client should be dismissed.

Phillabaum is scheduled to stand trial in February on seven felony charges of allegedly altering court records.

A year-long investigation ended last month when Phillabaum, once a county prosecutor candidate, was indicated by a special Butler County grand jury for allegedly changing grand jury indictments in a case against a Hamilton teen. He entered a written not guilty plea.

The grand jury returned indictments on two counts of forgery, two counts of tampering with records, dereliction of duty, interference with civil rights and using sham legal process.

Defense attorney Michael Allen said in the motion filed Tuesday that while Phillabaum denies the allegations, all the charges are alleged to have been committed by the same conduct. Thus, Allen argues, all charges except dereliction of duty should be dismissed.

Phillabaum is accused of asking a clerk to add gun charges to the indictment of suspect Tyree Johnson without the grand jury being previously presented evidence about the offense.

All seven common pleas judges recused themselves from hearing the case, and Visiting Judge Guy Guckenberger, who presided over previous hearings in connection with the allegations, is assigned to the case.

Attorneys from the Ohio Attorney General Mike DeWine’s office will prosecute the case.

Allen and attorneys from the attorney general’s office were in court Tuesday for hearing concerning evidence issues for the Feb. 4 trial. Phillabaum, 37, did not attend the hearing.

The motion to dismiss was not discussed and the prosecution has not yet responded.

Allen says the charges are politically motivated.

In February 2011, Prosecutor Michael Gmoser alleged Phillabaum, a political rival whom he fired on the night he was appointed over him by the Republican Party Central Committee, changed the indictments.

Contact this reporter at (513 820-2128000 or lauren.pack@coxinc.com