Capone's attorneys' filed motion to drop state's evidence

MOSCOW, ID - A Moscow man accused of killing his wife has filed a motion to have some of the state's evidence against him dropped.

Charles Capone, 52, is charged with first first degree murder, conspiracy to commit murder and failure to notify law enforcement of death in relation to the 2010 disappearance of Rachel Anderson, a Clarkston woman.

Last week Capone's attorneys' filed a motion to eliminate pieces of the state's evidence, including Capone's prior felony conviction on a federal gun charge and acts domestic violence against Anderson, such as strangulation, stalking, and harassment. The attorneys also filed a motion for a change of venue. Capone's next court appearance is scheduled for February 28th.