The digital weekly magazine Encore reported that John Michael Montgomery asked a Lexington, Kentucky judge to dismiss the slander lawsuit filed against him.  Montgomery’s lawyers argued that statements made by Montgomery to the police as part of their investigation into his arrest for drunk driving qualify as “pure opinion” and cannot be found slanderous.  His lawyers also claim that the statement were made while he was cooperating with police, thereby making them privileged.

The slander suit was filed in August in Fayette County Circuit Court by disgruntled Lexington police officer, Joshua Cromer.  Cromer alleges that the Montgomery made false allegations about him in an interview with the police department’s internal affairs unit after a February 2006 drunken-driving arrest.  Montgomery alleged that Cromer took his hat during the arrest and intended to sell it on E-bay.  Cromer denies the allegations.

Cromer was fired in part because the internal investigation found that he made posts on MySpace.com concerning the arrests and for his actions in connection therewith.  He is appealing his termination.

Montgomery entered a plea in August 2006 and was ordered to pay fines and take an alcohol-education course.