The husband of missing Virginia mom Mamta Bhatt now claims a "false statement" led to his unlawful arrest and he should therefore be released.
According to court documents filed by attorneys earlier this week for Naresh Bhatt, 37, and obtained by WRC-TV, the defense alleged a detective made a "false statement" to obtain an arrest warrant on a charge of concealing a dead body in connection with 28-year-old Mamta's disappearance in late July.
Although her body has not been found, the mother of one is presumed dead.
A detective initially stated there was forensic evidence a body was dragged out of the Bhatt's Manassas Park, Virginia home during an investigation in August. The detective later clarified on Sept. 4 she "may have used the wrong words" and the evidence allegedly pointed to a body being dragged from one room to another, according to the filing.
The state waited until Sept. 16 to inform the defense.
Bhatt's attorneys described the information used to obtain the warrant for his arrest as "fundamentally flawed", as there were "unverified claims" regarding the dragging of the body, WTTG-TV reported, also citing court records.
"Without these false statements, the charge against Mr. Bhatt would not hold," the filing stated.
Bhatt will appear in court Friday for another bond hearing.
His trial is slated to begin in December.
