An Oklahoma man who admitted to taking part in the riots on Jan. 6, 2021, at the U.S. Capitol is looking to vacate his May plea.
Benjamen Scott Burlew, 44, of Miami pleaded guilty to assaulting an officer during the riots.
Burlew was "present on the Lower West Terrace area of the U.S. Capitol grounds," according to a Justice Department release after his initial plea.
Burlew alleged in his latest filing on Wednesday that he was "subjected to inhumane torture" and that "trust between him and his lawyer had completely broken down" at the time of his plea.
The motion to dismiss says Burlew is "a disabled veteran with severe physical and mental disabilities."
Burlew's motion alleges he was confined in a small cell for 72 hours with rats, an overflowing toilet and no proper cooling in a District of Columbia jail.
Initially charged with eight counts, Burlew pleaded to two. He allegedly also pushed an AP photographer during the riot.
Burlew's sentencing is set for Sept. 20.
