NEW SCOTLAND, N.Y. (NEWS10) — A judge has denied a request to toss out the indictment of the suspect charged with murdering a local physician assistant in April 2022. The attorney for Jacob Klein told NEWS10 that a motion to dismiss the indictment was rejected Wednesday.

The defense argued public statements made by the Albany County sheriff tainted the case. Klein is accused of killing Philip Rabadi, 35, in his New Scotland home. Klein was charged with murder in the second degree.

Before he was killed, Rabadi worked as a physician’s assistant at St. Peter’s Health Partners. He is also a former graduate of Albany Medical College back in 2015, and the school has set up a legacy fund in his honor.