CHARLESTON, W.Va.¬†—¬†Federal prosecutors have filed a motion to dismiss three criminal charges against suspended state Supreme Court Justice Allen Loughry as his trial gets underway Tuesday in federal court with opening statements.

Suspended Supreme Court Justice Allen Loughry

Prosecutors want U.S. District Judge John Copenhaver to dismiss charges regarding the Cass Gilbert Desk that Loughry allegedly took from the state capitol and put into his own home. The specific counts in the indictment are counts 19, 22 and 24. Count 22 is an obstruction of justice charge in connection with the desk and count 24 is a charge that alleged Loughry made a false statement about the desk.

Charleston attorney Mike Hissam says this will reduce the charges against Loughry to 22 counts.

“It’s clear from this that they’re dropping their allegations about when the Cass Gilbert desk was delivered, the antique desk, was delivered to Justice Loughry’s house,” Charleston attorney Mike Hissam, who represented Justice Beth Walker in her Senate impeachment trial this week, said. “The government is kind of pulling back some of the counts from that indictment.”

Hissam believes federal prosecutors will focus their case against Loughry on his travel where he allegedly used state vehicles and his alleged use of gas cards.

“I’ve felt that this case could very well come down to his testimony,” Hissam said. “That’s not decided yet. That will be decided after the government rests its case”

Hissam made the comments Wednesday morning during an appearance on WCHS Radio’s 580 Live show with Charleston Mayor Danny Jones.

MetroNews Statewide Correspondent Brad McElhinny is in the courtroom and will be providing coverage for the duration of the trial at