In the trial of Pulse nightclub shooter’s wife Noor Salman, an FBI agent testified Thursday that the Bureau knew that Salman was never near the Orlando nightclub despite the prosecution’s claims that she scouted out the site with shooter Omar Mateen. The Orlando Sentinel reports U.S. District Judge Paul Byron said he was “concerned” by the revelation and would consider releasing Salman on bond. The defense filed a motion for the case to be dismissed. “The government was well aware that the defendant never scouted out the Pulse,” said defense attorney Fritz Scheller. “That was a critical part of their argument.” According to The Intercept, FBI Agent Richard Fennern told the court that geolocation technology indicated that Salman was never near the Pulse nightclub before the shooting despite the prosecution claiming she was, based on her written testimony to the Bureau. During 17 hours of questioning after the attack, Salman reportedly signed statement that claimed she drove around the Pulse site with her husband hours before the shooting, when evidence—found days before Salman was arrested—showed that scenario was impossible.