ALBUQUERQUE, N.M. (KRQE) – Prosecutors in the Sergio Almanza case are trying to get his attorney dismissed from the case. Almanza is accused in a hit and run at last year’s River of Lights that killed 7-year-old Pronoy Bhattacharya.

The state has filed a motion to disqualify defense attorney Ahmad Assed, claiming he has a conflict of interest. Prosecutors say they had trouble reaching a witness – the waitress who served Almanza just before the crash.

According to the motion, they learned she is being represented by Assed in a separate federal case. Assed asserts there is no conflict. A hearing on the motion is set for December 7.