Attorneys for defendants charged in the death of a 10-year-old boy at a Kansas water park are asking a judge to dismiss the case.

During a court hearing Friday, defense attorneys said the Kansas Attorney General’s office abused the grand jury system to obtain criminal indictments against Schlitterbahn corporate entities and three men after the 2016 decapitation death of Caleb Schwab at the park in Kansas City, Kansas.

The Kansas City Star reports attorneys for Jeff Henry, Tyler Miles, John Schooley and Schlitterbahn entities argued much of the prosecutors’ evidence before the grand jury wouldn’t be admissible at a trial and unfairly prejudiced the jurors.

Assistant Kansas attorney general Adam Zentner said the defense claims were blown out of proportion.

Wyandotte County Judge Robert Burns did not rule on the arguments.