Michael Kennedy, star of Discovery Channel's "Airplane Repo," filed a motion this week asking a judge to throw out the three misdemeanor charges filed after the snake named "Elvis" went missing.
The Florida Department of Fish and Wildlife charged Kennedy with maintaining conditions resulting in the snake's escape, failing to provide safe and proper housing, and failing to immediately report an escape. The snake's escape kept children at a nearby elementary school inside for more than one week.
The snake, which authorities said was at least eight feet long, went missing on Sept. 1, and wasn't found for more than a month, when it was located beneath a dryer in a garage more than half a mile away.
In his motion to dismiss the charges, Kennedy's attorney writes, "... the State has effectively placed Mr. Kennedy in a position where his constitutional right to an adequate defense is lost."
An Orange County judge will hear the motion and all other motions in the case on Jan. 29.
Kennedy is also appealing efforts by FWC to revoke his license to keep venomous reptiles on his property. No hearing dates have been set in that case.