MOBILE, Ala. (WALA) – The sister-in-law of an alleged drug “kingpin” has asked to be tried separately from him and her sister in an upcoming federal trial.

Exavieria Deagnes “D.D.” Maxie, 36, previously went on trial with Glennie Antonio “Little Man” McGee and Echandza Dianca Maxie, but that ended in a mistrial last week after U.S. District Judge Terry Moorer expressed concern that the length of the trial jeopardized the availability of some jurors.

The case is scheduled to be tried again next month in front of a different jury. But D.D. Maxie’s lawyer, Maxine Walters, argues in a court filing that it would be unfair for her to be tried with the other defendants because she is not charged with any of the drug-related counts.

“Nonetheless, the government’s case includes highly prejudicial evidence involving co-defendants, including evidence of large-scale drug trafficking, the use of children to distribute narcotics, and luxury purchases allegedly tied to drug proceeds,” she wrote.

Walters noted that the case has drawn national media coverage, particularly due to allegations that a 3-year-old boy was found with a backpack containing cocaine. She cited cases from the Atlanta-based 11th U.S. Circuit Court of Appeals, which has jurisdiction over Alabama’s federal courts, holding that it is appropriate to separate a defendant from other defendants when there is a “significant disparity in the evidence or culpability among defendants” and there is a likelihood that instructions from the judge to the jurors would not prevent prejudice.

D.D. Maxie is charged with illegal gun possession, firearms trafficking conspiracy and tampering with evidence. Prosecutors alleged that she stole money from her co-defendants, an “uncharged and inflammatory accusation.”

Walters also pointed to the large volume of evidence against the other two defendants that she argued would unfairly taint her client. That includes about 140 audio recordings – only eight of which pertain to D.D. Maxie – multiple search warrants that did not involve her.

“Ms. Maxie is at risk of being convicted not based on her own conduct, but because of her association with co-defendants facing far more serious and inflammatory charges,” Walters wrote. “The risk of guilt by association is further enhanced by the familial relationship between Ms. Maxie and her co-defendants (her sister and brother-in-law).”