One count dismissed in Baumgartner trial

One count dismissed in Baumgartner trial

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Baumgartner and his attorney, Donald Bosch, arrive at the courthouse on Monday. Baumgartner and his attorney, Donald Bosch, arrive at the courthouse on Monday.

KNOXVILLE (WATE) - One count of misprision of a felony was dismissed in the case against Ex-Judge Richard Baumgartner, as the trial continued into a third day on Monday.

The defense filed a motion for judgment of acquittal, asking the judge to dismiss case.

The judge dismissed count 3 in the case, but did not dismiss the rest.

Count 3 was related to an event on Nov. 10, 2009 in which Baumgartner allegedly made material misrepresentations about his mistress, Deena Castleman, to a sitting Anderson County Criminal judge.

Monday in court, the judge dismissed the count, saying there was not enough sufficient evidence for a rational jury to find elements of evidence to be established beyond a reasonable doubt.

The defense questioned their only witness, Castleman's attorney, John Boucher, and then rested.

The judge then finished proceedings for the day because of weather concerns.

Closing arguments will be held Tuesday morning.

Earlier Monday, prosecutors called two more witnesses before resting their case.

Testimony began Thursday with opening statements, testimony by Knox County Drug Court Director Rob Hanaver and initial questioning of Castleman.

Castleman took the stand again on Friday, as did a number of other witnesses, including a former judicial assistant to Baumgartner.

In March 2011, Baumgartner pleaded guilty to official misconduct and resigned from the bench.

The former judge was then arrested in May 2012 and charged with seven counts of concealing and not reporting a felony. The charges stem from an alleged attempt to cover up drug buys. 

He is also accused of trading sexual favors for drugs.

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