One of the five people charged in the deaths of Veronica Butler and Jilian Kelley is asking a judge to dismiss the case against him.

Tad Cullum, who faces two counts of first-degree murder along with several other felony charges, filed a motion Friday seeking to have the charges thrown out. Cullum is also charged with unlawful removal of a dead body, desecration of a human corpse, and conspiracy.

According to Oklahoma court records, Cullum is scheduled to stand trial before a jury in October. Prosecutors have indicated they will seek the death penalty if he is convicted.

In the motion, Cullum’s attorneys accuse Texas County District Attorney George Leach the Third of violating a court-issued gag order designed to prevent potential jury bias. The defense points to comments Leach allegedly made in an online blog and information cited in a KSN report as evidence of the violation.

The defense is asking the court to dismiss the charges with prejudice, which would prevent prosecutors from refiling the case. Attorneys are also requesting a public reprimand of the district attorney.

A hearing on the motion is scheduled for July 30th.