A choose ordered the discharge of physique digital camera video and different proof from the taking pictures of a Chicago lady by an immigration agent in Brighton Park final October throughout a court docket listening to Friday.
The choose’s ruling grants the discharge of physique digital camera footage, textual content messages, flock digital camera footage and different proof from the taking pictures to the general public.
The physique digital camera footage ordered to be launched just isn’t that of Customs and Border Patrol Agent Charles Exum, who shot Martinez, however as a substitute from the physique digital camera of one other agent on the scene. Exum was not sporting a physique digital camera on the time of the taking pictures.
Marimar Martinez requested the discharge of a number of items of proof in a movement to change the protecting order in her case. She and her attorneys declare the proof would enable her to “defend herself from a regrettable and unyielding tide of misinformation from the federal authorities concerning her case.”
“The power to reveal proof on this case is paramount to Ms. Martinez’s capacity to fight the persevering with hurt being achieved to her fame,” her movement states, later happening to say the discharge of proof “is critical to permit Ms. Martinez to make sure that debate relies in reality.”
Decide Georgia N. Alexakis ordered the entire proof Martinez requested be launched, aside from license plate reader digital camera knowledge.
“We’re very blissful the choose noticed it the best way we see it, that the federal government cannot have it each methods,” Christopher Parente, Martinez’s lawyer mentioned after the listening to Friday. “You possibly can’t name a U.S. citizen with no legal historical past, who’s a Montessori schoolteacher, a ‘home terrorist.'”
In the course of the listening to Friday, federal prosecutors argued towards the discharge of greater than 200 textual content messages despatched and obtained by the brokers concerned within the taking pictures — together with texts the place Exum talks about having pleasure in his taking pictures abilities.
California Congressman Robert Garcia confirmed posterboard depicting texts from Exum throughout the listening to.
“5 pictures, seven holes. I fired 5 rounds and he or she had seven holes. Put that in your e-book boys,” Exum mentioned in a textual content message proven by Garcia.
Federal prosecutors argued the texts will solely “additional sully” the agent and his household.
“I do not know why america authorities has expressed zero concern for the sullying of Ms. Martinez’s fame,” Decide Alexakis mentioned. Her ruling to launch the textual content messages relies on having redactions of the names of all third events, together with Exum’s spouse.
Martinez mentioned within the movement to change the protecting order that she additionally requested the proof be launched as she believes it “could be helpful for each the general public and elected officers to know concerning how DHS responds in instances the place their brokers use lethal power towards U.S. residents.” The movement was filed on January 26, 2 days after ICU nurse Alex Pretti was killed by a federal officer in Minneapolis.
The proof was beforehand blocked from launch when the court docket granted america’ movement for a protecting order as a result of its “unrestricted dissemination might adversely have an effect on regulation enforcement pursuits and the privateness pursuits of third events,” in response to court docket paperwork.
Martinez was shot on October 4 amid Operation Halfway Blitz.
She testified in a Congressional Listening to Tuesday to a committee trying into allegations of extreme violence towards immigration enforcement brokers, recounting the day she was shot 5 instances.
“As I continued to drive previous the Border Patrol brokers, I might hear my again passenger window shatter, and I felt bullets proceed to pierce my physique,” she mentioned. “As I tried to drive to a protected location, I started to really feel lightheaded. I seemed down and noticed blood gushing out of my legs and arms and realized I had been shot a number of instances.”
She known as Exum her “tried executioner” and mentioned she needs the Trump administration to acknowledge she is “not a home terrorist.”
NBC Chicago reached out to the Division of Homeland Safety for a response to the choose’s ruling however haven’t heard again.
On Tuesday, a spokesperson mentioned “DHS stands by our press releases and statements. The details of what occurred didn’t change.”
Martinez’ attorneys and the federal authorities have agreed to make some redactions within the proof earlier than it’s launched. These redactions will occur over the weekend, they mentioned, so the earliest the proof might launched could be Monday.
