A yoga teacher accused of driving her identical twin sister off a cliff wants her murder charge dropped because she claims the prosecutors misled the grand jury.
Alexandria was driving and her sister Anastasia Duval was in the passenger seat when they began fighting and hair pulling causing their car to plummet 200 ft off a cliff in Maui, Hawaii in May 2016.
Anastasia was killed and her twin was arrested and charged with murder.
A judge later released Alexandria after they found no probable cause for a murder charge, but three months later she was re-arrested and a grand jury indicted her in October 2016.
Alexandria (right) was driving and her sister Anastasia Duval was in the passenger seat when they began fighting and hair pulling causing their car to plummet 200 ft off a cliff in Maui, Hawaii in May 2016
Birney Bervar, Alexandria Duval's defense attorney, filed a motion last week seeking to dismiss the charge, and a hearing is scheduled for Tuesday. A prosecutor says it will be up to a jury to decide on the evidence.
The defense motion says a witness to the crash did not testify before the grand jury, instead a detective took the stand to describe what that person saw. The witness had told police he saw the passenger pulling the driver's hair with both hands and heard yelling.
The detective testified incorrectly that the witness said the passenger was no longer pulling the driver's hair when they went over the edge, the defense said.
Duval (left and right) has yet to publicly comment on her sister's death or the deadly crash, and it is unclear if she has entered a plea. She had planned to plead not guilty back in June but was released before she had to enter a plea in court
Alexandria Duval (pictured), made her first appearance in an upstate New York courtroom on November 18, 2016
The 38-year-old was indicted by a grand jury in Maui, Hawaii, who heard how in May of this year Duval drove her car off a 200-foot cliff and into the Pacific Ocean, killing her sister Anastasia
The witness, who the defense interviewed, said the fighting and hair-pulling continued until he lost sight of the SUV as it drove past him and off the cliff, according to the motion.
Autopsy results showed that 'long, loose blond hairs' were found on both of Anastasia Duval's hands, the motion said.
The defense attorney also said an officer