The attorney for a former FBI agent who allegedly became a mob hitman appeared in court Wednesday to argue how the trial should be heard.

At the pretrial hearing, the defense said 65-year-old Roy Lindley DeVecchio's case should take place in federal court, since DeVecchio was a federal agent at the time of his alleged misconduct. The defense says it's part of its strategy.

DeVecchio is charged with moonlighting for the Colombo crime family in the 1980s and 90s. He faces four counts of second-degree murder. DeVecchio once headed the FBI's Colombo squad.

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