A motion to quash the indictment for Circuit Clerk M.L. “Binkey” Vines was denied at a hearing Wednesday.

One argument Vines’ attorneys used in favor of throwing out the indictment revolved around state statute regarding the repayment of fees originally overpaid to Vines.

Vines’ attorneys said their client had properly repaid funds that were wrongly paid to him before the time of the next year’s audit.

Under state law, a circuit clerk may collect fees for his services, but he may not use any of the money held in civil and criminal accounts for court purposes.

Representatives for the Mississippi Attorney General’s Office said they could choose which statute on which to prosecute Vines. They also implied he used money that was not due to him, and even if he paid it back, it was not his to take.

“You can only take money out of the civil account in certain situations,” attorney Scott Johnson said. “If you don’t meet the criteria, it’s embezzling. He was allegedly using county money as his own private bank account.”

Vines’ attorney’s also questioned the way information was presented to the grand jury that returned the indictment on Vines, arguing that problems there were enough to quash the indictment.

Vines was indicted in September on charges of 13 counts of embezzlement totaling $228,760 over the 2002-2003 fiscal year. He pleaded not guilty at his arraignment.

Judge Joe Webster from Coahoma County is presiding over the case because judges Lillie Blackmon Sanders and Forrest “Al” Johnson recused themselves from the case.

“I don’t know how the proof will play out,” Webster said.

“The intent of (the statute cited by attorney Scott Pintard) is to establish a method of fee compensation and deals with earned fees and is not the issue we see in this case.”

Vines’ attorney Claude “Buck” Pintard said after the hearing he was a little surprised his motion had been turned down.

“I am very disappointed,” Pintard said. “I think Mr. Vines is innocent and the motion should have been (sustained).”

Webster did not set a trial date for several reasons, he said. Pintard said he would like Vines’ CPA to review the numbers and the documents collected by the attorney general’s office before trial. But because of tax season, that might take some time.

Also, the court would have to schedule a time when the circuit judges were not using the courtroom, Webster said. He said he would probably schedule the trial to take place in mid-May, depending on courtroom availability.