An attorney for Chad Daybell has filed a motion asking for a judge to dismiss the case against Lori Vallow’s husband.

Daybell was charged with felony counts of destruction of evidence and conspiracy to commit destruction of evidence after the bodies of Vallow’s children Tylee Ryan, 16, and 7-year-old JJ Vallow were found in his Salem, Idaho, backyard on June 11.

East Idaho News reports that Daybell’s attorney John Prior argued in the motion filed August 27th that prosecutors presented insufficient evidence at Daybell’s preliminary hearing in August.

“The charges are not supported by the evidence and duplicative as allegations against the defendant,” Prior wrote, according to the report.

“Further, the prosecution has yet to present evidence to support when the alleged acts is (sic) supposedly to have taken place and if the defendant acted in any manner to support the allegations.”

Daybell had previously pleaded not guilty the charges. His trial is scheduled to begin in January 2021.

This is a breaking news story and will be updated