Jesse Haggard still fighting case against him.

Attorneys for an alternative medicine practitioner from Arizona asked a judge in separate motions last week to dismiss the charges against him and throw out evidence gathered from wiretaps.

Jesse S. Haggard was among a dozen people indicted in Mobile on charges that they conspired to sell anabolic steroids across the country to healthy people who had no legitimate medical reason to take the drugs. But he was not tried with other defendants in a five-week trial earlier this year because he fled to Costa Rico and only recently returned to the United States to face the allegations.

Defense attorney Christ Coumanis argued in his motion that his client was a license naturopath who permitted to prescribe medicine. Applied Pharmacy Services, a compounding pharmacy in Mobile, filled steroids prescriptions from Haggard and other licensed doctors.

"Despite the best efforts of Dr. Haggard, he could not have known nor learned what the Government alleges in this case was in fact unlawful," the motion reads. "This lack of notice denies fundamental due process."

Prosecutors have not replied. But U.S. District Judge Ginny Granade rejected similar arguments made by the other defendants who stood trial in January.

Coumanis wrote that when Congress passed the Controlled Substances Act, it directed the secretary of the Department of Health, Education and Welfare to issue detailed rules that physicians should adhere to when prescribing drugs.

"It should be noted, however, that no such detailed regulations have ever been enacted regarding physician standards for prescribing non-narcotic controlled substances," Coumanis wrote.

Coumanis also argued that the law enforcement authorities failed to demonstrate they had probable cause to intercept phone conversations between Haggard and the pharmacy because the information officials submitted was out of date. It also came, in part, from a "biased and hostile former employee" who was fired after being accused of stealing from the company, Coumanis wrote.

"Much of this stale information comes from untrustworthy sources that have motives to misrepresent the facts," he wrote.