Sgt. Andrew Tahmooressi’s new attorney Fernando Benitez went “On The Record” tonight to discuss the jailed Marine’s case.

Benitez said he is working on a “two-pronged approach,” in which Tahmooressi gives his rendition of what happened in the 40 seconds before he drove into the customs inspection area and then what happened within the customs inspection area.

“I think that once the specifics of those facts come to light, we will have a good shot at proving that there’s no malicious intent in his conduct,” Benitez said.

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Benitez explained that Tahmooressi is innocent unless the state proves he isn’t.

“It will be upon the state to prove that he’s guilty. We don’t have to prove anything,” he said.

Tahmooressi’s first court appearance with his new attorney will be on July 9.

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Watch the full interview above.