A pre-trial motion brought a former Creek County judge back to court, just days before his trial begins.
Donald Thompson is charged with four counts of indecent exposure and one count of misuse of a state computer. At a hearing Wednesday, defense attorneys asked for the computer charge to be thrown out.
Prosecutors say based on what experts found on that hard drive, Thompson committed a crime. But defense attorneys say there's no telling who had access to the computer and including it in a trial is unfair.
Defense attorney Clark Brewster: â€œIt's just a smear campaign, a smear tactic to try to introduce as much as they can to assassinate character rather than try the facts in this case."
Prosecutor Patricia High: "If another state employee had the things on their computer that I believe will come out he had on his state owned computer, I think the public in general would expect that since there's a statute on the books that makes it a crime, that we enforce that law."
The judge, for now, sided with the prosecution.
Jury selection begins Monday.