Nikola Corp. former CEO Trevor Milton claims federal prosecutors refused entry to firm’s automobiles and gear he says are essential to his protection towards fraud costs.

Milton, scheduled to go on trial in April, requested a decide on Friday to permit him to examine and {photograph} sure prototypes and different Nikola property and locations. He mentioned the federal government and the corporate have refused his repeated requests.

Entry to the proof is critical to refute claims that Milton misled traders, he mentioned. Milton is accused of mendacity in regards to the success of his debut truck, the Nikola One, and claiming the corporate had engineered and constructed an electric-and-hydrogen-powered truck referred to as the Badger. He additionally allegedly claimed Nikola was producing hydrogen at decreased value, and that it had developed batteries and different elements itself.

“Inspecting these things, and demonstrating the performance of the know-how, go to the crux of his protection,” Milton’s attorneys mentioned within the courtroom submitting.

Milton desires his attorneys and consultants to examine prototypes for the Badger, the Nikola One, and the UTV, in addition to a hydrogen demonstration station and a media studio, all situated at an organization’s Phoenix facility.

Milton, who stepped down from the corporate in 2020, was charged in July with deceptive traders in regards to the EV maker’s prospects as a way to enhance its inventory value. He has pleaded not responsible.

Final month, Milton requested for the case to be thrown out, saying he wasn’t given honest discover that the alleged statements he made could possibly be thought-about legal and that prosecutors have not proven how his feedback influenced purchases or gross sales of Nikola inventory, amongst different arguments.

The next week, the corporate agreed to pay a $125 million civil penalty to the U.S. Securities and Alternate Fee with out admitting or denying wrongdoing.

The case is U.S. v. Trevor Milton, 21-cr-00478, U.S. District Courtroom, Southern District of New York.