The attorney of a Yonkers police officer facing police brutality charges claims that a surveillance video had been doctored to make the incident look worse than it really was.

The video recording in question is key evidence in the federal indictment of Officer Wayne Simoes, who is accused of using excessive force and violating the civil rights of Irma Marquez after a bar fight in 2007.

Simoes' attorney, Andrew Quinn, says he will make a motion to have his client?s indictment dismissed and the videotape tossed out.

Quinn claims witnesses who testified before the grand jury thought they had been shown surveillance video that was sped up, thus creating a version of events that does not accurately reflect what happened during Marquez?s arrest.

Marquez was knocked unconscious and suffered a broken jaw and bruises to her face. She was taken into police custody but was found not guilty of disorderly conduct. Following the incident, she filed an $11 million lawsuit against the Yonkers Police Department.

Simoes' attorney has alleged that the injuries were unintentional. The hearing of the motion to dismiss the officer?s indictment will be filed in January, delaying the trial at least until April.