JEFFERSON CITY — Lawyers for an indicted former St. Louis-area legislator contend prosecutors should not be allowed to add a lesser sexual misconduct charge.
Scott Muschany, a former Republican House member from Frontenac, faces a felony charge of having deviate sexual intercourse with the minor child of a former House employee. Muschany was charged last August. Prosecutors this month added a misdemeanor charge of exposing one's genitals to a minor.
Muschany denies the accusations. The trial is to begin Thursday.
The defense is urging a Cole County judge to dismiss the misdemeanor charge. Muschany's lawyers contend the new charge is separate from the original felony indictment and that prosecutors should have been required to submit a second probable cause statement.
The Cole County prosecutor's office declined to comment Friday.