INDIANAPOLIS (WISH) — Attorneys for the man accused of killing a Marion County sheriff’s deputy on Monday asked a judge to prevent people involved in the case from sharing evidence with the public.
Orlando Mitchell is facing charges for the murder of Marion County Sheriff’s Deputy John Durm on July 10 outside the Criminal Justice Center, which houses the Marion County jail and courts.
Surveillance video released of the incident shows Mitchell attacking Durm as he exited the back of a sheriff’s transport van. Mitchell appears to use the waist chain from his shackles to choke and kill Durm.
The defense attorneys filing the motion have the chance to be heard the next time Mitchell is scheduled for court on Jan. 5.
The motion comes days after Judge Mark Smith blasted prosecutors in the case of the attack.
“The thing that frustrated me the most was the state specifically asked for a discovery protective order against defense counsel and all their witnesses for doing the exact same thing that your witness did,” Judge Smith said in comments directed to the Marion County Prosecutor’s Office.
Judge Smith also issued an order to block the release, but it came just after Marion County Sheriff Kerry Forestal showed the 14-minute video during a news conference.
There’s no indication the judge has ruled yet on the motion, although he suggested Friday that he would approve the order.
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