They say prosecutorial misconduct they blamed for an earlier mistrial of the five Holy Land charity defendants so tainted the case and compromised the government's position it should be thrown out, The Dallas Morning News reported Sunday.

In the first trial, materials such as police wiretap transcripts found their way into the federal jury room even though they had not been admitted as evidence, triggering a mistrial. U.S. District Judge Jorge Solis has scheduled a retrial for September.

Prosecutors say the materials were "inadvertently" mixed in with evidence and was not enough of an error to justify throwing out the case.

The Holy Land charity, of Richardson, Texas, is accused of raising millions of dollars in the United States for Hamas in violation of a U.S. ban on the group, which was declared a terrorist organization in 1995 because of its use of suicide bombers to target Israeli civilians.