Motion to drop charges in Arias trial, her parents take to social media

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By Tami Hoey By Tami Hoey

PHOENIX -- The defense team for convicted murderer Jodi Arias has filed a motion with explosive claims of prosecutorial misconduct and is asking that all charges be dismissed.

Arias' defense claims that prosecutors and investigators destroyed and hid key evidence during the original trial. The defense says there is pornographic material, including possible child porn, on Travis Alexander's computer that was hidden for years by the prosecution.

The new claims stem from a widely discredited piece of Arias' testimony during the original trial. Arias testified that Alexander drove her to violence through mental and sexual abuse -- including an unsubstantiated claim that Alexander was a pedophile.

But the new defense motion claims the evidence they needed to prove Alexander's sexual deviance was deliberately destroyed.

The defense claims it can prove the existence of thousands of deleted files that were wiped from the hard drive of Alexander's computer while it was in Mesa police custody on June 19, 2009. Among the deleted files, the defense says, are dozens of porn websites, including likely child pornography.

According to the defense motion, a "recent forensic analysis" of Alexander's computer shows that the files were not only deleted, but whoever did the deleting also covered his or her digital tracks so well that no one could figure it out until now.

If the allegations are true the defense believes this new evidence would prove Arias' testimony that was so thoroughly discredited during the original trial. Further, the defense believes the accusations amount to “purposeful and egregious prosecutorial misconduct" that would justify dismissing all charges against Arias.

In the meantime, the defense is also asking that the death penalty be taken off the table.

Right now Arias is on trial in the sentencing phase with the state seeking the death penalty. Court is set to reconvene on Wednesday.

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Click here to view the motion to dismiss all charges with prejudice

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