On Good Morning America Monday, an attorney for Kate McClure, the woman charged with conspiring on a fraudulent GoFundMe scheme with her then-boyfriend and a Philadelphia homeless man, said she was set up to take the fall for everything.

Her ex, Mark D'Amico was "calling the shots," McClure's attorney told the national television audience.

But Mark Davis, the Hamilton attorney representing D'Amico, said he guesses a lot of people are having a hard time picturing McClure as the innocent victim.

"I join most of the world in saying it's laughable," Davis said. "She seems to be on a crusade to save her ass at the moment, I assume because her name is on everything."

That includes the GoFundMe campaign that claimed to be raising money for Johnny Bobbitt, the homeless veteran who supposedly spent his last $20 to get her gas when she was stranded -- which the Burlington County prosecutor alleges was a complete fiction that successfully bilked donors out of over $400,000.

The case has captured the nation's attention.

At first, in November of 2017, because it seemed like a too-good-to-be-true story of altruism.

Then this summer, when news broke that Bobbitt was homeless again and accusing the couple of spending all of the money meant for him. And now, as the Burlington County Prosecutor's Office has filed charges accusing all three of plotting from the beginning to swindle good-hearted donors to make a buck.

They were charged Thursday with theft by deception and conspiracy. Bobbitt remains held in a Philadelphia jail awaiting extradition. McClure and D'Amico turned themselves in and were released.

However, D'Amico failed to appear in Florence Township Municipal Court Monday on a trespassing charge from October, and a bench warrant has been issued for his arrest.

Prosecutor Scott Coffina has painted all three as co-conspirators, but court documents used to support the charges detailed backstabbing and suspicion as it became clear as early as March that all of the money had been spent on travel, luxury handbags, a BMW, and more. The couple also said Bobbitt blew some of the money on drugs.

But McClure's attorney, James Gerrow, released recordings to 6ABC Monday he claims show that McClure knew she was being set up. In the recordings, McClure is heard saying, "I had no part in any of this and I'm the one (expletive) taking the fall."

But Davis said the only thing the recording proves is that McClure is trying to avoid responsibility for what went down.

"It's the most self-serving record I've ever heard," he said. "You don't go in prepared to record unless you're going to stage something."

In fact, prosecutors described part of the recording -- one of many they obtained when they seized her phone in September -- in their probable cause statement. It included D'Amico's response to McClure claiming she wasn't involved.

An excerpt from the affidavit of probable cause filed against D'Amico, McClure and Bobbitt.

Davis said other evidence in the prosecutor's probable cause statement that points to McClure's role in the GoFundMe campaign is her text to a friend that included, "I had to make something up to make people feel bad."

Davis said that he believes the state will have a tough time proving their case against D'Amico because they would have to prove he created the fake GoFundMe with the intention to enrich himself. He said D'Amico and McClure initially intended for the GoFundMe campaign to help only Bobbitt -- even if the story wasn't true.

"They wanted to help him get back on his feet," he said. It wasn't until after the campaign exceeded its $10,000 goal that the three made a deal to share the money, he said.

"Any money spent by Katelyn or Mark D'Amico was by agreement of the parties," he said.

Davis said his client, since being charged, has been "handling this perfectly fine."

"He understands he never had any intent to hurt or harm or defraud anyone. He was only involved with it because Kate McClure came to him with it and he believed Johnny Bobbitt was someone to be helped," he said.

Davis was unaware about the trespassing charge against D'Amico.

Florence Municipal Court records show the it was a citizen complaint filed Nov. 7 relating to an alleged incident Oct. 1 of this year.

D'Amico has other outstanding municipal court offenses from traffic violations to destruction of property in other towns as well. When he failed to appear in court Monday, Florence Judge Corey E. Ahart said he was issuing a new bench warrant, but there was already an active warrant regarding a traffic offense.

Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.

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