The question in the Eddie Price perjury trail at this point appears to be not whether he lied on the stand or not but rather if what he lied about constituted perjury.

When attorney Butch Wilson with the state Attorney General’s Office at Monday morning’s pre-trail hearing on the case stated the defense will likely seek to have the charge thrown out based on defense attorney Ralph Whalen’s argument that Price’s conversation with co-defendant David Hurstell was not “material” to the case, Whalen suggested that indeed was his intent.

Price is accused on intervening in the arrest of former Speedy Oil Change Owner Gary Copp. He reportedly asked Hurstell to arrest Copp on a misdemeanor offense instead of a felony charge. He then, according to the state Attorney General’s Office, allegedly lied when he took the stand during Copp’s trial and denied that he had tried to influence the case against Copp.

Whalen appears ready to argue that Price’s testimony concerning the alleged phone call was irrelevant in the state’s case against Copp.

He repeatedly questioned prosecutors Monday morning, asking, “What is the state versus Copp about?”

Wilson eventually provided Whalen with the answer that is was a second-degree battery case, and Whalen accepted that answer, which showed that Copp was found guilty of the felony charge regardless of any influence from the former mayor.

Wilson told District Judge August Hand that he anticipates Whalen will file a motion to quash the case based on materiality, but Wilson and David Caldwell, deputy director for the state Attorney General’s Office, feels their case is sound.

“We are asserting that this is in fact a material lie, Wilson said.

Caldwell explained that the state perjury law states that “the false statement … must relate to matter material to the issue or question in controversy.’’

He said the materiality issue is design to protect people who lie about small things that are not relevant to the crime, “like their age for example.”

“Here we have someone lying in court about whether they made a call to influence police actions in a case,” Caldwell said. “It is clearly relevant.”

Hand gave both sides another six weeks to file additional motions on the case, and they will come back for another status hearing on Jan. 27.

Wilson said he anticipates Whalen filing a motion to quash the case between now and then.

Neither Price nor Hurstell were present for Monday’s hearing. Hurstell was represented by his counsel, David Courcelle.

Price has already pleaded guilty to federal mail fraud and tax evasion charges, admitting to have accepted lavish gifts and trips from two companies that do business with the city, using campaign funds and city money for his personal use and failing to file a 2007 tax return. He faces up to 25 years in prison on these charges.

Caldwell added that his office has not finished its investigation into corruption in Mandeville government. He said Monday that he anticipates coming forward in the next month or two with whether or not the state will seek more charges against Price and possibly others.

Without elaborating on what those possible charges will be, Caldwell said they have to do with financial matters concerning Price.