NEW SCOTLAND, N.Y. (NEWS10) — The suspect accused of murdering a man inside a New Scotland home in April appeared in court on Wednesday. The attorney for Jacob Klein is seeking to have the charges against him dismissed.

Klein’s attorney claimed a grand jury that indicted him earlier this year may have been influenced by comments that Albany County Sheriff Craig Apple made to the media during the proceedings. The defense argues the indictment is defective and should be thrown out.

“Such statements do nothing other than possibly taint grand jurors who are supposed to hear evidence inside the grand jury chambers,” attorney Mark Bederow said. “Not opinion evidence and a release of details by the county sheriff.”

Klein is accused of stabbing Philip Rabadi to death. Police were initially called to conduct a welfare check after Rabadi did not show up for work. Klein pleaded not guilty to a second degree murder charge.

The 35-year old was a physician assistant at St. Peter’s Hospital and graduated from Albany Medical College in 2015. The school has established a legacy fund in his honor.