Hip hop mogul Suge Knight’s attorney, Matt Fletcher, has filed a motion to dismiss the charges against Knight because he believes there is no evidence against him.

The motion was filed before Friday’s pretrial hearing, according to Rolling Stone. Fletcher reasons that actor Cle “Bones” Sloan, the surviving victim of the hit-and-run Knight is on trial for, refused to identify Knight as the driver at a hearing in April, so there is no evidence for the case against the mogul. Fletcher’s motion reads, “There is nowhere in the entire transcript that Mr. Sloan even identifies Marion Knight as a driver of the red truck in question; the red truck that hit the victims.”

In response to the motion, the prosecution agreed that Sloan did not say “Marion Knight,” but that he did say “Suge.” They provided other evidence that allegedly links Knight to the crime as well.

Knight is standing trial for murder and attempted murder after allegedly being involved in a hit-and-run in Compton in January. There is video footage of the incident but Sloan claims that his memory of it has become blurry, saying “I will not be used to send Suge Knight to prison.”

While being held on the murder charges, Knight has had a variety of medical issues, including a hospital stay for a blood clot and fainting in the courtroom.