TMZ reports that Fogle is using a jailhouse lawyer, who is currently two years into a 210-month conviction for fraud, to help get the remainder of Fogle's sentence thrown out.
The jailhouse lawyer, Frank Edwin Pate, reportedly filed legal documents to say there's no proof Fogle traveled to engage in sex with a minor. The documents, obtained by TMZ, say therefore the prison sentence the judge handed down should be thrown out.
Fogle was convicted in Nov. 2015 to more than 15 years in federal prison after pleading guilty to child pornography charges as well as crossing state lines to pay for sex with minors.
The former Subway spokesperson's lawyer, Ron Elberger, says he's still working with Fogle and says "it's not an uncommon practice for jailhouse lawyers to assist" fellow inmates.
Last month, Fogle's ex-wife Kathleen McLaughlin's lawsuit against Subway was thrown out by an Indiana judge. She had filed a suit accusing the sandwich chain of continuing to promote Fogle as its spokesperson despite knowing about his sexual interest in children. Fogle's time with the company ended after he was investigated for paying for sex with minors and receiving pornography.
McLaughlin had alleged that Subway received multiple reports alerting them to Fogle's actions, but did not take any action.
Boone County Judge Matthew Kincaid dismissed the lawsuit, citing a "lack of personal jurisdiction," stating that each of the Subway entities McLaughlin had sued
“The problem is that all of those
McLaughlin and Fogle have two children and divorced in 2015 after his guilty plea.