Las Vegas- A lawyer for jailed pro bodybuilder Craig Titus wants a judge to throw out a grand jury indictment charging Titus and his wife with kidnapping and murdering their personal assistant in December.

A Clark County District Court judge is due July 13th to hear defense lawyer Richard Schonfeld’s claim that prosecutors shouldn’t have been allowed to give the grand jury police statements from both Titus and his wife — Kelly Ryan.

The lawyer also maintains that evidence is insufficient to charge Titus and Ryan with kidnapping and conspiring to kill 28-year-old Melissa James.

The grand jury indicted the 41-year-old Titus and 33-year-old Ryan in March — after prosecutors presented evidence that James was drugged, bound, shocked with a stun gun and strangled before her body was set ablaze in Ryan’s abandoned red Jaguar sedan.

Titus and Ryan have pleaded not guilty and are being held at Clark County jail pending trial in January.