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Kelly Mathis' attorneys file motion to dismiss evidence

5:44 AM, Aug 23, 2013   |    comments
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SANFORD, Fla. - Attorneys for accused sweepstakes "mastermind" Kelly Mathis filed a motion to dismiss key evidence in the case.

The August 12 motion asks the judge to suppress any and all evidence seized in March from Mathis' former law firm, Mathis & Murphy.

The six-page document challenges the expertise of the man the state used to justify the seizure affidavit, as well as his main assertions. The original seizure affidavit claimed Mathis "should have known" that his client, the now defunct Allied Veterans of the World gaming centers, was involved in illegal activity. Among other things, expert Dr. Robert Sertell cited Mathis' "aggressive lobbying" on behalf of the organization as part of the probable cause justifying the seizure.

The motion challenges the validity of Sertell's "expert" opinion, calling his conclusions "False, irrelevant, misleading or stale," and suggesting the expert "displayed a reckless disregard for the truth."

The state has since withdrawn Sertell's name from the witness list, meaning he will not testify against Mathis or any of the 50 plus defendants in the Allied case.

According to our news partner, the Florida Times-Union, Mathis' attorney Mitch Stone will move for all charges to be dismissed on the basis that the state has no criminal case without Sertell.

"The state's entire case is predicated on Bob Sertell's claims that gambling was occurring," Stone told the Times-Union. "And from what we can tell, the state never even checked his credentials before hiring him."

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