TALLAHASSEE, FL (WTXL) - A motion has been filed to dismiss the charges against Henry Segura for the 2010 murder of Brandi Peters and her three children.
According to the motion filed, DNA evidence was withheld from the defense that may have allowed them to interview additional persons of interest.
Court documents claim that a Florida Department of Law Enforcement employee received a letter from the FBI saying they found partial DNA evidence and was told by her superior not to disclose that information to TPD.
That DNA evidence was originally considered to be "not interpretable" and court documents show that is now known to be false.
In their motion, the defense says if they had known about the partial-DNA match, they could have interviewed Angel Antonio Avila-Quinones, who is said to be a known narcotics dealer.
Documents say, "The fact that even a partial match with a known major narcotics trafficker, if disclosed timely in 2013, being that the same is exculpatory in nature, would have allowed defense investigators an opportunity to vigorously pursue this lead. But in failing to disclose this information until March of 2015, on the eve of trial as originally scheduled and regrettably, nearly a month after Avila-Quinones was deported from the United States, such has prejudiced the defense and is fundamentally unfair."
The defense also claims that claims Brandi Peters was a drug courier who was killed with her children due to her interactions with high level drug traffickers.
The motion is set to be heard by the court on Wednesday.