ELKHART, Ind. (The Elkhart Truth) — The City of Elkhart is weighing spending another $500,000 to defend itself against a lawsuit filed by a man whose attempted murder conviction was thrown out because prosecutors didn’t disclose that the state’s sole eyewitness underwent hypnosis to sharpen his memory.

The Elkhart City Council gave the $500,000 appropriation request its first reading on Monday.

The Elkhart Truth reports the funding would help pay Elkhart’s legal fees in a lawsuit filed by Mack Sims.

He was released from custody in March 2019, a month after a federal appeals court tossed his 1994 attempted murder conviction in the shooting of a security guard.