Attorneys for the Alexander brothers now say a woman accusing them of rape sent a text message to one of the alleged attackers after the incident occurred.

Jeffrey Sloman, who represents Ohad Fisherman and Ed O'Donnell, who represents Oren Alexander, appeared in court on Tuesday.

They revealed they only learned on Friday about a text message the accuser sent to one of the alleged attackers, saying "What's up?" after the rape allegedly took place.

The defense had previously filed two motions accusing lead prosecutor Natalie Snyder of contempt.

Defense alleges evidence withholding by prosecution

Sloman and O'Donnell accuse Snyder of failing to hand over key evidence in the case.

The attorneys had previously requested Oren and Alon Alexander's cellphones from federal prosecutors, arguing they are crucial to the defense.

Snyder stated in court that she contacted the U.S. Southern District of New York , which currently possesses the phones, but was told they would not be released to the state.

In court, Sloman and O'Donnell argued that federal prosecutors claim Florida's public records laws are too expansive, a stance the defense disputes. They also criticized Snyder for not pushing harder to obtain the evidence.

The attorneys for the brothers and Fisherman are also seeking the accuser's initial statement, made to an attorney with the mega law firm Morgan & Morgan. However, they said the firm has refused to release it.

"The accuser sent a message after she was raped, apparently saying 'What's up?' to one of the persons who allegedly raped her and the response was a friendly one back," O'Donnell said. "So now you know why it's so important to find out what was said to Morgan & Morgan, how important it is for our clients to get their phones so we can show that these are outrageous, false accusations purely to seek millions of dollars."

Charges and court developments

The twins, Oren and Alon Alexander are charged with rape and sexual assault in three separate Miami Beach cases, one dating back eight years.

Fisherman is also charged in one of those cases. Additionally, the twins and their older brother face federal sexual assault charges and are currently being held in New York.

"You have a delayed reporting of an event that happened more than eight years ago, and the only evidence we have is the accuser's statement," Sloman said after the hearing, referring to one of the cases.

Judge Lody Jean denied the defense's motion and granted the state's motion for a rehearing, scheduled for April 30.

"The record of today's hearing speaks for itself. The Defendants' attorneys have continued to hurl accusations at the victims in a desperate attempt to shift the narrative away from the crimes with which the Defendants have been charged.
Survivors like our client have the right to participate in both criminal prosecutions and civil litigation. That is normal and expected. And, in the United States of America, it is ultimately up to criminal and civil juries—not criminal defense attorneys—to determine who is telling the truth.
We believe our client."