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Vandenburg's Defense Team Files Motion to Dismiss Entire Case

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The defense team of Vanderbilt student rape suspect Brandon Vandenburg filed a motion Monday afternoon for the entire case to be thrown out.

The Monday 3 p.m. filing outlined what his lawyers called problems with the August 2013 grand jury indictments in the alleged campus dorm rape of a female student involving five Commodore football players.

Defense attorney John Herbison is also asking to remove the district attorneys office from the case, due to a variety of reasons, and appoint a new DA to oversee future proceedings, according to the filing submitted to Davidson Countys criminal court.

Herbison calls some action by the DAs office extortion and in particular takes issue with a mistake made by District Attorney Tom Thurman regarding texts messages.

Mondays motion also questions Vandenburgs bond amount of $350,000. Additionally, the defense team takes issue with the district attorneys office on plea deals made with Chris Boyd, Joseph Quinzio and Miles Finley. It also claims some of the victims medical records are missing.

In a written statement, DA apokesperson Susan Niland told Fox 17: We strongly deny these baseless allegations referenced in the motions filed late this afternoon and deny any inappropriate conduct in this case. As we have said from the beginning, the appropriate time and place to respond to these motions is in court.

The attorneys of Brandon Banks, Cory Batey and Jaborian McKenzie were also contacted for comment. Those requests have not been returned yet.

A hearing is set for Friday, where these new developments made be discussed. We will bring you more information tonight on FOX 17 News.    

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