VENTURA (AP) — A lawyer for the man suspected in the Ventura County beach house killings of a couple and their unborn child have asked a judge to throw out a grand jury indictment, alleging misconduct by prosecutors.

In a motion filed Thursday, Joshua Graham Packer’s lawyer, Benjamin Maserang, accused the prosecution of failing to disclose a latent fingerprint lifted from a plastic motorcycle helmet visor. The print didn’t match Packer’s or those of the victims, Brock and Davina Husted.

The Ventura County Star reports the case is scheduled for a status hearing Tuesday.

Prosecutor Michael Frawley says the defense’s claim has no merit. He says prosecutors weren’t required to provide “non-evidence” to the grand jury and predicts the motion will be dismissed.

The 20-year-old Packer was arrested in April 2010 after authorities said DNA evidence linked him to the killings.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


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