A former Framingham, Massachusetts, police officer charged with stealing cash from the department's evidence room is asking a judge to dismiss a charge that he abused his position for personal gain.
Alan Dubeshter's attorney filed the motion Wednesday in Superior Court, contending the state failed to present sufficient evidence to support indictment on the charge.
The MetroWest Daily News reports that Dubeshter is also charged with larceny over $250. He has pleaded not guilty.
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Dubeshter was in charge of receiving and cataloging evidence in criminal cases for Framingham police. Officials say they discovered envelopes used to hold cash seized in criminal investigations inside Dubeshter's truck.
The envelopes were empty, and an audit determined approximately $70,000 was missing.
Dubeshter was placed on leave September 2015 and resigned seven months later.