GREAT BEND – The defense for a Great Bend man accused of Capital Murder for the death of a 14-year-old girl are again asking the judge in the case to dismiss the charges, claiming prosecutors deliberately and maliciously tried to deny their client a fair trial.

In their filing this past Friday, they sight the fact that they filed a motion in the case against 36-year-old Adam Longoria which was supposed be under seal, which it was, but then say filing it under seal, in other words, not available to the media or the public was red herring.

Apparently, indicated in that motion were acknowledgment that Longoria was working as a confidential informant for law enforcement to help bring down the drug trade in Great Bend and request for information related to his work with law enforcement.

They say they filed the motion under seal partly in good faith to not tip off those under investigation or to hinder any pending cases.

But, after a gag order was issued in the case, the defense contends the state then filed a number of motions that had information that had not been released to the media or the public, which they allege was conjecture and speculation on the part of the state, or had material irrelevant or immaterial to the nature the motion was filed under. They argue, it was the state way of getting around the courts order prohibiting extra judicial statements in the case. They says the media, in particular print media, such as the Great Bend Tribune and the Wichita Eagle ran extensive stories based the states filings. They say, by the time the defense had time to review the states pleadings in detail, the damage from the media reports was done.

They also argue that releasing information about Longoria’s relationship with law enforcement and his supposedly being a confidential informant, they could be placing his life in danger with the ones he is housed with in the Sedgwick County Jail. They also believe its attempt by the state to taint the jury pool.

They argue that the state has acted in violation of the Constitutional Rights of Longoria and argue the only remedy is to dismiss the case.

There is the preliminary hearing in the Capital Murder case. That is also a day when the judge will hear motions in the case, possibly this one.

Charges against Longoria include capital murder, attempted rape, indecent solicitation of a child, theft and burglary. He allegedly killed Alicia DeBolt with her burned body found at an asphalt plant where he worked near Great Bend. That was on August 14, of 2010.