ITHACA, N.Y. — A defense attorney filed a motion on Monday to dismiss the five felonies and 11 misdemeanors Tompkins County Deputy Jeremy Vann is being charged with.
In a motion to dismiss the indictment, lawyer Raymond Schlather said Vann was attacked by his accuser multiple times, was illegally questioned by police officers and had items illegally confiscated by police.
Vann is charged with felonies for two counts of third-degree robbery,third-degree criminal mischief, tampering with physical evidence and fourth-degree grand larceny.
Related: Timeline of 16 charges over 5 months against Tompkins deputy
He’s also charged with misdemeanors for third-degree assault, criminal obstruction of breathing or blood circulation, second-degree unlawful imprisonment, two counts fourth-degree criminal mischief, fourth-degree tampering with a witness, third-degree criminal tampering, two counts of second-degree attempted coercion , prohibited use of weapons and prohibitions on the use and possession of firearms.
The following claims are made in the motion to dismiss Vann’s indictment:
— Vann was attacked by his accuser on March 29 and 30. The motion states that the accuser was, “hitting him in the head with a beer bottle, kicking him in the left eyes causing severe damage, including lacerations an suspected retinal detachment requiring medical treatment, and threatening suicide…All of the defendant’s relevant actions that are subject to this indictment were defensive and justified under the law.”
The motion also lists four other occasions where the accuser physically attacked Vann and another instance where she vandalized his Seneca County home and vehicle.
— After Vann was read his Miranda warnings by police, he asked to speak to an attorney who advised him not to make statements to police, which Vann allegedly relayed to officials.
The motion claims that police continue to question Vann afterward and encourage him to make a statement. One investigator allegedly told Vann that he was likely going to be charged and that “the problem was that the police had not heard his side of the story.”
— Police allegedly seized Vann’s phone without a warrant or consent and then traveled to his home in the town of Covert where they illegally searched two vehicles at the residence.
The motion states that police officers seized a vehicle at the scene after they say saw evidence inside pertaining to the case.
Among other claims and exhibits provided in the 73-page motion to dismiss is that the Grand Jury indicted Vann are charges based on evidence that was not legally sufficient.
Vann is currently suspended from the sheriff’s office with pay, officials said.