The woman accused of trying to hire a hitman to kill her now ex-husband in 2009 was back in court Thursday.
The attorney for Dalia Dippolito asked a judge to consider dismissing her case.
Boynton Beach police set up a sting in 2009 where they say Dippolito set up a deal with an undercover police officer for the murder.
Police staged a fake crime scene at her home and videotaped her reaction.
A jury convicted Dippolito of solicitation to commit first-degree murder in 2011 and she was sentenced to 20 years in prison; but in 2014 the District Court of Appeals reversed the conviction, tossed out the sentence and ordered a new trial set for May 23, 2016.
The appeals court ruled jurors may have seen the video of Dippolito at the fake crime scene before the trial, unfairly influencing their decision to convict her.
Dippolito’s attorney has filed a motion to have her case dismissed.
"The motion to dismiss is based on what we call objective entrapment where the conduct of the police department raises such questions that the judge should hopefully dismiss this case,” said defense attorney Mark Eiglarsh.
Dippolito’s case is on standby for a possible evidentiary hearing in January where her attorney said he would present evidence of what he calls the police department’s “outrageous behavior.”
No definite court date has been set.
A spokesperson for Boynton Beach Police Department has previously said that the department does not comment on active court cases.
Jason Davis and Charles Keegan contributed to this report.