MILWAUKEE (WTAQ) - An attorney for one of Governor Scott Walker’s former aides has filed a motion to suppress evidence gathered in the John Doe investigation.

A ruling could come Monday in Milwaukee.

Timothy Russell is accused of embezzling tens of thousands of dollars from a county fund which was meant for military veterans. Russell worked for Walker in the Milwaukee County executive’s office.

Russell’s attorney argues the law says a John Doe proceeding can’t keep collecting evidence against a person once he has been charged using that legal process. He alleges that is what the prosecutor is doing.

He moved for the judge to dismiss the case.