On Monday, city attorneys for Decatur filed a motion to quash the subpoenas issued to officers from the Decatur Police Department (DPD) by Morgan County District Attorney Scott Anderson relating to the gag order surrounding the shooting death of Steve Perkins.
SEE ALSO: Morgan County DA issues subpoenas in Decatur's Perkins shooting body cam footage leak investigation
According to WHNT, a motion filed by a city attorney with the court to quash or release the officers from their subpoenas said that despite months of calls for the police department to release the body cam footage, they had decided not to, even though it would have been favorable to the city, and they were given “permission to do whatever it chose with the video."
The motion argues that even though shift supervisors had access to the video, they had a written order and were instructed not to or distribute it and how to maintain the chain of custody.
The city also argued that bringing the entire DPD command structure to a hearing and making them unavailable could potentially put the city at risk.
Anderson fired back in his response, requesting the judge deny the city's motion. He said the individuals requested to appear in this matter are also witnesses who may be called on to testify in the criminal murder trial of former DPD officer Mac Bailey Marquette.
He argued that the released video was only in the possession of the Alabama Law Enforcement Agency (ALEA), DPD, and the Morgan County District Attorney's office, adding that each is subject to that court's jurisdiction in this matter and is, therefore, subject to the gag order.
“If the source of the leaked video is employed by the Alabama Law Enforcement Agency, the Decatur Police Department, or the Morgan County District Attorney’s Office, their continued access to information about this case poses a potential threat to the integrity of the case without restraint by this Court,” Anderson said.
Morgan Co. DA Motion by bradley.cox on Scribd
1819 News originally obtained and released the video in an article. However, Huntsville media stations have refused to publish the video without permission from one of the agencies, although they each eagerly released the original ring doorbell camera that showed the shooting.
SEE ALSO: Huntsville media refuse to air ALEA body cam footage of Stephen Perkins shooting
Multiple high-ranking DPD employees, including Police Chief Todd Pinion, ALEA's State Bureau of Investigations (SBI) employees, Decatur City Councilman Hunter Pepper, and James Marquette, have been subpoenaed to testify at this hearing.
It is unclear why the city has waited this long to file the motion as it has known of the court date for well over a month after the previous hearing was moved due to a conflict in scheduling.
The hearing is scheduled to take place Friday, May 17.
To connect with the author of this story or to comment, email Bradley.cox@1819news.com or on Twitter @BradleyCoxAL.
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