MORE: Judge denies defense request for 3 trials in Carlisle buried baby case
The motion is also asking for grand jury testimony to be reviewed “in camera” or by a judge and attorneys, specifically that of forensic anthropologist Dr. Elizabeth Murray, who examined the remains of the baby girl when they were unearthed.
The defense attorneys say the prosecution presented information about Murray’s testimony to a grand jury when seeking to indict Richardson that she has since recanted.
“The indictment and prosecution in this case are defective because both are based on Dr. Murray’s recanted belief that the bones she examined were charred,” the defense attorneys wrote in the motion.
Murray later realized that her belief that the bones were charred was incorrect after a second examination of remains on Aug. 17, 2017, according to the defense.
“While the Warren County Prosecutor’s Office unintentionally presented false information to the grand jury in this case, the indictment and prosecution are defective all the same and should be dismissed in accordance with Miss Richardson’s rights to a fair trial and due process,” the defense team said in the motion.
MORE: No plea offer for teen charged in Carlisle buried baby case as trial approaches
The prosecution has not yet responded to the request for dismissal.
Trial is scheduled to begin Sept. 3 in Warren County Common Pleas Judge Donald Oda II’s courtroom.