The attorney for the former APD officer accused of killing his pregnant girlfriend says his client's capital murder indictment should be thrown out.
He says the prosecutors violated Vontrey Clark's rights.
Attorney Bristol Myers filed what's called a motion to quash Wednesday.
He says prosecutors crippled his ability to effectively cross-examine the two main investigators in the case because when they testified before a grand jury there was no court reporter present. Myers says it was a bad faith decision by the prosecution and a due process and due course of law violation.
Clark was set to appear in a Bastrop County Courtroom Wednesday afternoon. He was taken from the jail over to the courthouse in a white van. Family and friends of Samantha Dean, the victim in this case, were also present, but the judge re-set the case.
Dean's body was found behind a shopping center west of Bastrop in February of last year. Investigators say she had been shot three times in the head. She was seven months pregnant with a baby girl whom she'd named Madeline. The baby did not survive.
Investigators say Clark conspired with others to kill her because Dean would not abort the child.
Dean was the victim services coordinator for the Kyle Police Department.
Clark will be back in court March 9th.