The case against former House Speaker Ray Sansom suffered a major blow Monday when a judge dismissed an official misconduct charge related to a $6 million project that a grand jury said was to be an airplane hangar for one of Sansom's political allies.

``Based upon their findings, one can understand the frustration and indignation apparent in the presentment of the grand jury,'' Leon County Circuit Judge Terry Lewis wrote.

``It is also natural to want to punish those involved.

``But not every wrongful conduct is a crime. Sometimes the remedy for such conduct must be political rather than judicial. This is one of those situations.''

Lewis also swept aside felony official misconduct charges against Sansom's co-defendants: developer and big-time GOP donor Jay Odom and former Northwest Florida State College president Bob Richburg. A perjury charge against Richburg was dismissed, though part of one against Sansom was allowed to stand.

Lewis said the official misconduct charge was unconstitutional as it applied to the case because ``it would be overbroad and susceptible to arbitrary application.''

The defense argued there is a separation of power between the branches of state government and said prosecution would have an ``enormous chilling effect'' and place ``unmanageable expectations'' on the Legislature.

State Attorney Willie Meggs said he would ask the Attorney General's Office to appeal. ``If the statute is unconstitutional, it's unconstitutional,'' he said. ``But I feel real strong about it.''

`HE'S DELIGHTED'

The long-awaited order throws Meggs' case into considerable doubt and was a big victory for Rep. Sansom, R-Destin, and his co-defendants.

``He's delighted,'' said Sansom's attorney, Steve Dobson. ``We had maintained all along that you could not falsify the [state budget] and the judge agreed.''

``We're real happy,'' said Odom's attorney, James Judkins. ``He's very pleased,'' said Richburg attorney Hank Coxe. ``It's been horrendously stressful.''

Lewis let stand part of a perjury charge against Sansom -- whether he lied by saying the college requested millions in additional funding for a different project in 2008. But Meggs conceded that aspect was one of the weaker components of the case.

Even if Sansom, 47, prevails in state court, he could have other legal issues to confront. The FBI and IRS have been investigating in some capacity, though officials will not say to what extent.

TROUBLES BEGAN

Sansom's troubles began last November when, on the same day he was sworn in as House speaker, he took a $110,000 part-time job at the college in Niceville.

The Miami Herald/St. Petersburg Times Tallahassee Bureau reported how Sansom had helped the small school get $35 million in extra or accelerated funding, including $6 million for the Destin Airport building in 2007.

Sansom denied any connection between the job and his largesse, saying he was only looking out for his district. He reluctantly quit the position and was forced out as speaker.

He still faces investigations by the House (an independent review found there was probable cause Sansom damaged public faith in the body) and the state Commission on Ethics.

CONTENTION

Meggs contends that Sansom, Richburg and Odom worked together to plan for the building at Destin Airport. An e-mail from April 2007 -- shortly before Sansom got the money -- showed that Richburg outlined a deal to Sansom where the college would get the funding but Odom would use part of the building.

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