A 39-year-old woman accused of intentionally driving her SUV off a cliff in Hawaii to kill her twin sister is seeking a dismissal of the murder charge she faces, PEOPLE confirms.
On Tuesday, a Maui judge will consider a motion that was filed last week by the attorney representing Alexandria Duval (born Alison Dadow).
PEOPLE obtained a copy of the court motion, which argues the prosecution misled the grand jury that returned an indictment against Duval.
The filing alleges a detective provided incorrect testimony about what a witness to the crash had told investigators moments before the SUV plunged about 200 feet off of a cliff in Maui on May 29, 2016, killing the passenger, Anastasia Duval (born: Ann Dadow).
Alexandria, the driver, suffered only minor injuries in the fatal crash.
The defense motion claims that a witness to the crash said that he saw the passenger pulling the driver’s hair with both hands.
However, the motion alleges the detective testified to the grand jury that the witness said the passenger had stopped pulling the driver’s hair by the time the vehicle was jolting over the cliff’s edge.
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The defense motion further cites autopsy results, which showed “long, loose blond hairs” were found on both of Anastasia Duval’s hands.
It also argues that Alexandria’s “erratic driving” was caused by the fracas with Anastasia, and was not an intentional, murderous act.
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The prosecution, in response, filed its own motion opposing the request for dismissal.
Duval has pleaded not guilty to the charges against her. Duval’s lawyer could not be reached for comment.
Her $3 million bond was posted by her father, according to court records. The terms of her release prohibit Duval from using alcohol and all drugs, prescription or otherwise. She will have to submit to random screenings.
A motive remains unclear in the alleged murder.
The identical twins were born in Utica, New York, and formerly owned and operated yoga studios in Palm Beach County, Florida, and Park City, Utah. They had moved from Florida to Utah and then to Hawaii before the fatal crash.