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ST. LOUIS 鈥� Attorneys for Sheriff Alfred Montgomery say they have new, definitive evidence disproving the state attorney general鈥檚 claim that Montgomery hired his half-brother in violation of the state constitution鈥檚 nepotism ban and must be removed from office.聽

Attorney General Andrew Bailey filed suit in June saying that, among other things, Montgomery had hired one Malik D. Taylor as deputy despite the two sharing a father.聽

Montgomery鈥檚 attorneys said in a Wednesday filing seeking the claim鈥檚 dismissal that a 2016 DNA test conducted during a child support case shows otherwise.聽

A copy of a court order from the case 鈥� which lists a Malik D. Taylor with the same birth date as the deputy sheriff named in Bailey鈥檚 lawsuit 鈥� said genetic testing showed with 99.999998% certainty that his father was Mack Donald Taylor. The father listed on the sheriff鈥檚 birth certificate is Whitfield Montgomery.

鈥淭he attorney general,鈥� Montgomery鈥檚 lawyers wrote, 鈥渋s seeking in this case to overturn the results of a free and fair election by falsely alleging Sheriff Montgomery and Malik Taylor 鈥榮hare the same father.鈥欌��

The new documents are the latest twist in the fight between Montgomery and the state, and could prove pivotal. The nepotism count is just one of six Bailey has put forth as reason for Montgomery's removal. Others include聽having a deputy pick up his children from school on government time, and misusing public money on used golf carts, gold-plated badges and a new SUV.

But the nepotism claim offers perhaps the most straightforward rationale for removal, with little wiggle room: The constitutional prohibition against hiring family members says that an official who does so 鈥渟hall thereby forfeit his office or employment.鈥澛�

Montgomery鈥檚 attorneys previously attempted to shoot down the nepotism claim with copies of birth certificates for Montgomery and Deputy Taylor.聽

Montgomery's certificate listed Whitfield Montgomery as his father, but Taylor's certificate had the father portion blank.聽

The 2016 court order said that the state should amend Malik D. Taylor's birth certificate.聽

David Mason, an attorney for Montgomery, said he did not know why the government did not follow the order, but he is confident the claim would be thrown out.

鈥淭his is a dead issue,鈥� he said.

Bailey鈥檚 team has yet to show its own evidence for the nepotism claim. A spokesperson for the office did not have an immediate response Wednesday evening.聽

The next hearing in the case is scheduled for Friday. A bench trial is scheduled for November.

Bailey is set to leave office Sept. 8 to become co-deputy director of the FBI. Former U.S. Attorney Catherine Hanaway is set to replace him.