ALBUQUERQUE, N.M. (KRQE) – The attorney for the three former UNM students accused of raping a female student is suing, saying he has proof the case was a sham.

The two former UNM football players and their friend were charged with the rape three years ago, but the charges were then dropped because of a lack of evidence. They’re now suing UNM claiming police botched this case from the start.

Their attorney obtained audio from a UNM Police lapel cam that captured the officer saying, “You guys are just trying to railroad these guys, man.”

The officers then go on to use some strong language about the suspects’ high powered attorney and went on talking about what they’re going to eat that day.

Their attorney insists that wasn’t a joke. He also believes this case was racially motivated since the accuser is white, and that UNM was trying to look tough on sexual assault. UNM has been criticized for not investigating rape cases.

UNM responded Friday, saying it intends to vigorously fight the lawsuit and it stands by its police department and its investigation.

UNM says two officers in that recording were disciplined for conduct unbecoming an officer, but it was related to their unprofessional comments while on duty, and not the way they handled the investigation.