The luxury real estate mogul Alexander brothers and their friend are seeking to dismiss their South Florida sexual battery charges related to an alleged gang rape MiamiDade prosecutors claim Ohad Fisherman a South Florida real estate broker joined Alon and Oren Alexander when he pinned a 25yearold woman inside a Miami Beach apartment on New Years Eve in 2016 Fisherman and Alon were charged in December with one count of sexual battery by multiple perpetrators Additionally Oren is charged in three separate MiamiDade incidents involving three women who say they were sexually assaulted Evidence lost destroyed or never preserved On Friday the attorneys for the three codefendants filed a motion to dismiss the charges claiming the most critical evidence in the case was lost destroyed or never preserved which include a video of the alleged rape According to records the victim in the alleged rape claimed she felt she was recorded that New Years Eve She described Alon Alexanders phone as propped up on a chair pointed in her direction Then she said he picked it up and scrolled through it as if reviewing footage a document reviewed by NBC6 said Defense attorneys believe there might exist a video recording of the incident however Miami Beach Police investigators nor prosecutors ever looked into trying to obtain it from the brothers phones Defense counsel believe that act was intentional because prosecutors knew the federal government was going to take custody of most of the evidence and would not release it for the MiamiDade cases The State wanted headlines not hard evidence They wanted a press conference not a proper investigation They rushed the arrests to generate media attentionconfident they could sort out the constitutional problems later if ever That is not law enforcement That is political theater at the expense of the rule of law stated defense attorneys in their motion Additionally defense attorneys also mentioned how the victim claimed Alon sent her a picture of a barbeque inviting her over because there were several people present However the victim claimed when she arrived there wasnt a barbeque and she was ultimatelty lured into the condo where the alleged assault took place The motion to dismiss claims that if the phone had been preserved its possible the barbeque picture never existed which would have contradicted the victims claim she was lured by the photograph Instead defense attorneys believe the phone information could show the victim wanted to be part of a consensual rendezvous or it could have verified her claims The trio claim their constitutional rights are being violated and the alleged missing evidence would prevent a fair trial The lies the omissions the failure to preserve and the obstruction that followedmake this a textbook case of prosecutorial bad faith stated defense attorneys in their motion to dismiss State attorneys have not formally responded to the motion to dismiss A hearing could happen by the end of the month Partying at the Bieber concert Last month NBC6 reported about five months after the three arrests MiamiDade prosecutors announced they obtained videos and pictures from the woman who claimed she was raped on New Years Eve The cell phone footage reviewed exclusively by NBC6 showed a group photo of the victim with her friends and family at the Fontainebleau Hotel a few hours after the assault according to records There are also several videos of Justin Bieber on stage including one where he is performing his hit song Sorry as the crowd dances and sings along Defense attorneys for the brothers and Fisherman expressed their anger to Judge Lody Jean about the new evidence in the case provided to them by the state a day before the victim was set to be deposed In several videorecorded statements obtained by NBC6 Investigates three women describe violent sexual encounters which they say were committed by one or more of the Alexander brothers Defense attorneys said they will use the new evidence to tarnish the accusers story and now request for a full extraction of the victims phone along with her sister and her friends phones to further investigate the allegations Somebody who is allegedly raped was so unconcerned about what happened that she went to the Justin Bieber concert after that night Jeffrey Sloman Fishermans attorney told NBC6 In court records defense attorneys stated the new footage showed The mood demeanor and energy are indistinguishable There is no visible sign of trauma urgency or anything remotely consistent with the violent sexual assault However Natalie Synder one of the Assistant State Attorney on the case stated that all attorneys were aware the fact they went to the Fontainebleau after adding the victim was forced to go out that night despite being assaulted Her sisters dragged her out is what she testified to That they had these plans to go out for New Years Eve and her sisters were like you cant just hang out here in the hotel room Lets go added Synder Trial to begin Fisherman was expected to go to trial this month but its very likely it will be pushed The Alexander twins state trial is on hold since state attorneys stated last month the federal government will not transfer the defendants over to them until their federal trial happens in January of 2026 Oren Alon and their older brother Tal are in federal custody in New York facing sex trafficking charges Fisherman is out on bond in South Florida Edward ODonnell IV and Joel Denaro attorneys for the Alexander Twins have entered not guilty pleas on behalf of their clients Fisherman and Tal have also pleaded not guilty