AUBURN, N.Y. -- The man accused of killing his ex-girlfriend in Auburn this summer is now trying to get the murder charge against him dropped.
YNN has learned that David McNamara's defense attorney is planning to file a motion in court Tuesday requesting the judge dismiss an indictment against his client.
McNamara is charged with second degree murder for the death of his ex-girlfriend Katie Socci this past June. His attorney claims that neither he nor McNamara were notified when the case was presented to a grand jury in Cayuga County Court.
McNamara is already behind bars serving a five year prison sentence for an unrelated drug charge.