RICHMOND, Va. -

Virginia's Attorney General will not have to testify in the case involving Governor Bob McDonnell’s former chef.

A judge has refused a defense request to subpoena A.G. Ken Cuccinelli and one of his assistants, in the embezzlement case against the former chef at the governor's mansion.

The attorney for ex-chef Todd Schneider asked for court approval to call Cucinelli and assistant Patrick Dorgan, to testify at a hearing Monday to dismiss the four felony charges.

A defense witness list shows executive mansion director Sarah Scarborough has been subpoenaed for the hearing.

There are no other names are on the list.