A Leon County judge is scheduled to hold a hearing Thursday on the request.

Cole is charged with violating state law for allegedly giving a recording of a conversation with Carroll’s chief of staff to a reporter.

Cole’s lawyers have tried to question Carroll and Carroll’s travel aide about the case. The lawyers filed court documents in which Cole claimed to have found Carroll in a “compromising position” with the travel aide inside’s Carroll’s office.

Carroll, a former Navy officer who is also married and a mother of three, called the allegations false and absurd.