LINCOLN, Neb. (AP) — A lawyer who said federal agents and prosecutors kept a man arrested in an O’Neill immigration raid from seeing his attorney now says the accusation was in incorrect result of miscommunication within his office.

Lincoln attorney John Berry had moved to suppress any statements the client had made. Berry alleged in a motion that a lawyer from his firm sent to a Grand Island detention center to see the client last August was barred by an Immigration and Customs Enforcement agent from seeing the client. Berry says the agent and an assistant federal prosecutor insisted the client didn’t have a right to counsel until the next day.

The Lincoln Journal Star reports that Berry has withdrawn his motion to keep the client’s statements from a jury, explaining that the original complaint was prepared before all the facts surrounding the incident had been shared by other members of Berry’s firm.

The judge said at a hearing last week that ICE and the federal prosecutor deserved a public apology. Berry agreed and did so in the courtroom. Assistant U.S. Attorney Lesley Woods said the government accepted Berry’s apology.