- Associated Press - Friday, February 13, 2015

WAILUKU, Hawaii (AP) - The man charged with murder in the disappearance of a pregnant Maui woman has filed a motion to have the indictment against him dismissed.

Steven Capobianco’s motion said the prosecution presented misleading evidence and relied on excessive hearsay in building a case alleging Carly “Charli” Scott was dismembered.

Scott, Capobianco’s ex-girlfriend, was five months pregnant with his child when she disappeared about a year ago.

Capobianco’s motion is revealing details about the case, including that Scott’s dentist compared dental records with jawbones suspected to be hers; a Honolulu police DNA specialist examined fingernails suspected to be hers; and information about Capobianco’s statement to police when he acknowledged being the father of the child, the Maui News (https://ow.ly/J1TtJ ) reported.

The motion takes issue with that evidence, and others, saying testimony presented to a grand jury included evidence from at least five people who didn’t testify themselves. The motion also said a detective’s testimony about Capobianco’s uncaring demeanor toward the idea of being a father was misleading and incomplete.

The full statement would have shown he “was getting used to the idea of having a child because he saw how happy Carly Scott was,” the motion said, adding that he told the detective Capobianco and Scott were discussing baby names.

Prosecutors are expected to file a response to the motion. A hearing on the motion is scheduled for March 19.

Capobianco has pleaded not guilty to charges of second-degree murder and third-degree arson, allegedly for torching Scott’s vehicle. Her burned sport utility vehicle was found Feb. 12, 2014, about three days after her family last saw her.

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Information from: The Maui News, https://www.mauinews.com

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