Former Alabama Law Enforcement Secretary Spencer Collier has alleged that former Gov. Robert Bentley considered having his wife Dianne Bentley arrested for secretly recording his phone calls.

Collier makes the claim in a court brief filed on Friday to oppose Bentley's request to have Collier's lawsuit against him dismissed.

Collier's attorney, Kenneth Mendelsohn, included the claim in a list of what he said were "unethical and abusive" actions by Bentley.

"He even wanted Collier to look into arresting Mrs. Bentley for making the tapes," the brief says.

The former governor, through his attorney, says the allegation is not true.

"The allegation is absurd," Bentley attorney John Neiman said. "My client denies it. It's telling that we're just hearing about this now, for the very first time. It's a desperate move, and shows why this claim for money damages needs to be dismissed."

Recordings of Bentley's sexually-tinged phone calls helped propel the year-long scandal that ultimately led to Bentley's resignation over fallout from an alleged affair with former advisor Rebekah Caldwell Mason.

An impeachment investigation by a special counsel for the House Judiciary Committee concluded that Bentley used state law enforcement under his authority, including Collier, to try to hide evidence of his relationship with Mason.

Bentley resigned the day impeachment hearings began, pleading guilty to two misdemeanor violations of the campaign finance law.

Montgomery County Circuit Judge Greg Griffin has said he will rule by noon Friday whether to grant Bentley's motion to dismiss Collier's lawsuit.

Collier attorney Kenneth Mendelsohn said he included the allegation about Bentley asking Collier to look into the possibility of arresting Dianne Bentley to help show the pattern of Bentley's behavior after his learned about the recordings.

"It is important to show the lengths that Bentley went to to hurt people who knew about the affair, were offensive to Rebekah or had the tapes," Mendelsohn said.

Bentley's lawyers have asked that the lawsuit be dismissed on the grounds that the governor is immune from being sued over his official actions as governor.

Mendelsohn said the most important point of the lawsuit is to establish that governors can't be granted immunity for actions that were illegal or an abuse of his power.

Mendelsohn said Collier suffered financially and professionally because of Bentley's decision to fire him and publicly accuse him of possible misspending at ALEA.

An investigation by the attorney general cleared Collier of wrongdoing.

Edited at 12:18 p.m. to correct word in John Neiman quote. Edited at 1:42 p.m. to correct Neiman quote.



Spencer Collier opposes Robert Bentley motion to dismiss by Mike Cason on Scribd