NEWPORT-U.S. Magistrate Judge Dennis Inman is expected to issue a decision soon about whether alleged chop shop leader Raymond E. Hawk, 55, can hire a private defense lawyer who until 2006 was a federal prosecutor.

Assistant U.S. Attorney Neil Smith filed a motion in June that asked the judge to bar Dan R. Smith (no relation) from defending Hawk.

Neil Smith claimed that Dan Smith, as a former prosecutor in the U.S. Attorney's Office, had inside knowledge of the seven-year investigation that resulted in the arrest of Hawk and an indictment of 22 other East Tennesseans last month.

Dan Smith filed a response to Neil Smith's objections on Friday, June 26.

A hearing on the matter was held in Inman's courtroom on Tuesday, June 30.

Dan Smith retired as a federal prosecutor from the U.S. Attorney's Office in early 2006. That was five years after the Office worked with the FBI in an undercover operation into crime and corruption in Cocke County that included Hawk and other alleged people participating in criminal activities. 

Dan Smith in his response on Friday denied having insider knowledge or any involvement in the undercover operation that could give Hawk an edge in his defense. He previously defended Hawk in 2007.

Neil Smith wrote in his motion that, "the undersigned and FBI agents briefed (Dan Smith) throughout the course of the investigation, including the investigation of the chop shop operation, motor vehicle thefts and drug trafficking activities of Raymond E. Hawk, as it related to the drug cases assigned to" Dan Smith.

Dan Smith, however, denied he was briefed.

Neil Smith said Wednesday that he expects Inman to decide on the issue of legal representation by Dan Smith for Hawk "sometime in the near future."