The Las Cruces Sun-News is reporting that the request on behalf of Rick Reese and Terri Reese and their son Ryin Reese says prosecutors have shown a pattern of ignoring the defendants' constitutional rights to a fair trial.
The judge in the case previously granted the defendants a new trial because the government didn't tell the defense that a prosecution witness had been the subject of an investigation.
A response filed Monday by prosecutors says that dismissal is not called for because the judge already granted the defendants a new trial. The response also says the government respects the right to fair trials.