Attorney Jerry Summers said Wednesday afternoon he will seek a detention hearing to try to get former Sheriff Billy Long released from where he is being held at the Bradley County Jail.
Attorney Summers also said he will seek to have the federal government's "cooperating witness" testify at that hearing. Attorney Summers earlier said that was the Rev. Eugene Overstreet, a local minister and funeral home operator.
Attorney Summers said, "I think that individual can add a lot to the whole case."
Long, at a brief arraignment before Magistrate Bill Carter, pleaded not guilty to the 28-count indictment he faces.
Magistrate Carter said the trial is set for Tuesday, May 18, before Judge Sandy Mattice.
If there is a plea bargain in the case, it must be filed by May 2.
Magistrate Susan Kerr Lee has been assigned to hear any motions in the case. However, attorney Summers asked that the detention hearing be conducted by Judge Mattice.
He said either side may appeal the decision in the detention hearing to the district judge and it should go straight to him for reasons of "judicial economy".
Magistrate Carter said attorney Summers could file that request with Magistrate Lee. But he said all detention hearings are conducted by the magistrates. He said, "We have never been known to be so economical."
Prosecutor Gary Humble said, "I don't think he has the authority to demand that a district judge hear a detention hearing."
The former sheriff, appearing in a red jail jump suit, was told that the latest charge against him - providing a firearm for use in drug trafficking - carries an extra five years in federal prison added to any other sentence.
He is also charged with extortion and money laundering.
Attorney Summers said the former sheriff "is holding up as well as he can under the circumstances."
He said he is wanting Long out of jail so he can help him prepare the case. He said, "It's a lot easier having him come to my office than driving 35 or 40 miles to the Bradley County Jail."
Attorney Summers also told reporters that his investigation has shown "that none of the allegations involve anyone in the sheriff's office."
He said the public "can have confidence in the sheriff's office."