OKLAHOMA CITY -- The criminal case against two former Oklahoma lawmakers will head to trial. That decision handed down Thursday morning.
Former state representative Randy Terrill and former state senator Debbe Leftwich are facing felony bribery charges. A judge refused to dismiss the bribery case all together, but the judge did agree with a defense request asking for two separate trials.
Allowing Leftwich and Terrill to have two different trials may solve a potential constitutional conflict.
"The constitutional problem is a defendant has a 5th amendment right not to testify at all. So if a statement is made by a co-defendant, you don't have the right to cross examine that co-defendant. A severance solves that issue," said Leftwich's attorney Robert McCampbell.
Terrill is accused of offering Leftwich a high paying job at the state medical examiner's office in exchange for her not running for re-election. That would have allowed a republican to try and fill Leftwich's open senate seat.
The defense contends the statehouse deal never happened and the job never was created. Leftwich's attorney says the defense can't wait to let 12 jurors decide the case.
"The facts at trail will show the defendants are not guilty and innocent of any wrongdoing," said McCampbell.
Terrill is now set for trial in October. Leftwich will have her trial in December.