County attorney says Horne referral not political

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By Andrew Michalscheck By Andrew Michalscheck

PHOENIX (AP) -- Maricopa County Attorney Bill Montgomery says he had no political motivation when he referred a hit-and-run case involving Attorney General Tom Horne to Phoenix police and notified the FBI.

Montgomery says in a statement Friday that his office routinely refers such misdemeanor cases to police and city prosecutors. He says the FBI was notified as a courtesy when he closed a felony campaign finance investigation targeting Horne because they were investigating Horne and agents saw the alleged minor accident.

Horne's lawyer on Wednesday asked that the misdemeanor case be dismissed. Attorney Michael Kimerer alleged unconstitutional selective prosecution and cited a call from the FBI's top Arizona agent to the Phoenix police chief urging him to take the case. He says the case was politically motivated and that violates Horne's rights.