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NEW YORK (AP) — The lawyer for a man charged with gunning down an imam and his assistant as they left a New York City mosque says his client’s DNA doesn’t match that found on the weapon.

Oscar Morel has pleaded not guilty to murder and weapons charges in the Aug. 13 attack.

Prosecutors say Morel approached 55-year-old Imam Maulana Alauddin Akonjee and 64-year-old Thara Miah from behind and shot them in the head near a mosque in Queens.

Prosecutors on Tuesday handed over surveillance footage that they say shows Morel fleeing the scene.

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Defense attorney Michael Schwed says Morel is hopeful he’ll be exonerated. Police haven’t confirmed Schwed’s claim that DNA evidence on the gun doesn’t match Morel’s DNA.

Morel remains jailed without bail. He’s expected in court next month.