Virginia judge to consider motion to dismiss chef case

POSTED: 4:19 AM May 14 2013   UPDATED: 12:52 PM May 14 2013
RICHMOND, Va. -

The politically-charged embezzlement case against a former Virginia Executive Mansion chef is back before a Richmond judge.       

Circuit Judge Margaret Spencer is scheduled to consider a motion to dismiss the four-count indictment against Todd Schneider on Tuesday. The case is entangled with a growing political scandal involving a wealthy businessman's gifts to Attorney General Ken Cuccinelli and Gov. Bob McDonnell. Schneider also has alleged unspecified wrongdoing by the governor and his family.     

Cuccinelli's office withdrew as prosecutor in the case, citing a conflict of interests because a possible witness has helped raise funds for his gubernatorial campaign. Defense attorney Steve Benjamin says that conflict and others have tainted the entire case, and dismissal is the only proper remedy.   

Norfolk Commonwealth's Attorney Gregory Underwood has been appointed special prosecutor.