Defense attorneys were hoping the charges would be dismissed because of allegations that the arresting police officer, Joshua Cromer, was at the same bar as Montgomery that night but failed to stop him from driving, according to the Lexington Herald-Leader.
Other officers posted comments on Cromer’s Myspace.com profile congratulating him for the high-profile arrest, the paper said. Officer Gene Haynes commented with an altered photo of Montgomery with a fan whose face had been superimposed with Cromer’s. Both were relieved of duty for the time being and published apologies on MySpace.
Montgomery’s attorney, Brent Caldwell, said the officers’ actions puts their credibility in question regarding the arrest. But First Assistant County Attorney Jack Miller told the paper the prosecutors have enough evidence to proceed to trial, despite the allegations against Cromer.
The performer allegedly ignored a traffic light and smelled strongly of alcohol when he was pulled over. During the traffic stop, officers allegedly found prescription painkillers and two guns in Montgomery’s pickup, adding charges of possession of a controlled substance and concealing two firearms.
Caldwell claims Montgomery had a prescription for the painkillers and permits for the guns, but didn’t have the permits with him.
Montgomery has concerts on the books from July 1st through October 14th.