By Fox 40 Staff.

Attorneys for State Senator Tom Libous say his cancer fight should be part of his upcoming trial.


Libous is facing trial in July for one count of providing a false statement to an FBI agent.


Libous says he is innocent of the charge. Earlier this month U.S Attorney Preet Bharara asked a federal judge to keep Libous from mentioning his cancer at his upcoming trial.


The prosecution calls his condition irrelevant to the charge and say its mention would only be used to gain sympathy from the jury.


In a filing yesterday Libous' defense attorney said Libous' treatment schedule may need to be introduced to explain trips downstate.


Libous' condition and treatment may also need to be introduced in relation to his ability to recall events.


The prosecution also wants to admit a 2013 radio interview Libous gave to Binghamton now in which he said he was not contacted by the FBI or other state investigators.


U.S. Attorney Preet Bharara says the FBI interviewed Libous in June of 2010.


Libous' defense wants to exclude the interview, saying it would prejudice the jury.


It also argues the radio question was in reference to whether Libous was questioned in connection to an ethics complaint, not the matters at issue in this trial.


Therefore, his answer was truthful.