Again. Two weeks ago, a judge dismissed public intoxication charges against Birmingham City Councilor Joel Montgomery, reportedly in exchange for his promise not to sue the city. A week later, Montgomery was back in the news, vehemently denying he’d undergone any alcohol counseling, even though the special prosecutor said it was a standard requirement.
Now he may be wishing he’d kept his mouth shut, because the prosecutor is asking for the charges to be reinstated.
Prosecutors want to reinstate a public intoxication charge against Birmingham City Councilman Joel Montgomery because he has failed to provide proof that he attended alcohol-related classes, according to a motion filed Wednesday in Birmingham Municipal Court.
Montgomery was arrested April 7 on Southside and charged with public intoxication. The charge was dismissed Aug. 17 after Montgomery’s attorney informed prosecutors that the councilman “intended on meeting and having an alcohol-related session” with an employee of Treatment Alternatives for Safer Communities, according to Wednesday’s motion.
Prosecutor Don Colee said the deal offered to Montgomery, who is chairman of the council’s Public Safety Committee, was the same given to most defendants charged with first-time alcohol offenses.
The filing Wednesday comes after Montgomery strongly denied reports that he had undergone counseling as a part of his case dismissal.
Court papers indicate that Montgomery’s attorney, Tommy Spina, has withdrawn from the case. I can’t say I blame him.