The accused ringleader of a cocaine trafficking operation run out of two Penn State University frat houses claimed in new motion that he’s being unfairly held without bail.

Long Island-native Agostino Abbatiello’s defense team filed the motion on Tuesday, a day before their client and five other alleged members of the drug ring were set to appear in court for a hearing.

Abbatiello’s attorney, Philip Masorti, claimed that the 24-year-old frat bro was being unlawfully detained, and requested that his hearing be delayed.

Masorti pointed out that of all the 13 alleged co-conspirators in the drug-trafficking scheme, Abbatiello was the only one that was flat out denied bail. 

“He has no criminal record, no history of flight, and, after a two-year investigation, the motion states that law enforcement never asserted that he used violence, threatened violence, or was seen with a weapon,” Masorti said in a statement to CBS News.

A Court of Common Pleas in Centre County said that Masorti’s motion was “moot” and that Wednesday’s hearing would continue as planned, according to the report.

Here is the latest on the Penn State frat cocaine ring:

The hearing will also include appearances from alleged co-conspirators Seth Beardsley and Thomas Robinson, as well as his father Paul Robinson.

Prosecutors plan to consolidate the cases against all 14 defendants, according to a motion filed on Aug. 28.

Four of the charged are current Penn State students, while nine are alumni, and one is a dad.

Authorities charged the crew after discovering that members of the Penn State fraternities, Sigma Chi and Delta Upsilon, allegedly coordinated with cocaine suppliers in New York and Philadelphia.

Prosecutors accused the crew of trafficking in the coke and distributing it to Penn State students.