Skip to content

MOBILE, Ala. (WALA) – Lawyers for a man charged with capital murder in the death of a police officer have asked a judge to throw out statements the defendant made to investigators.

Attorneys for Marco Antonio Perez argue in a court filing that investigators continued to question him even after he asked for a lawyer.

Mobile County Circuit Judge Ben Brooks scheduled a hearing for Tuesday.

Separately, the Mobile County District Attorney’s Office on Friday challenged the participation of the Mobile County Public Defender’s Office.

Police arrested Perez, 24, of Theodore, after Officer Sean Tuder died from gunshot wounds at the Peach Place apartments in west Mobile. Prosecutors allege that Perez shot Tuder while the officer, in plainclothes, was trying to arrest him on a gun charge.

Perez’s lawyers laid out the timeline of his interrogation, beginning with the defendant agreeing to talk to detectives at 8:06 p.m. After almost an hour, Perez asked for a lawyer, prompting the two detectives to leave the room.

Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives later initiated another conversation after again informing him of his right to remain silent. And the two original Mobile police detectives resumed their questioning just before 10 p.m.

“At no time did the Defendant ever initiate further contact with law enforcement subsequent to his clear invocation of right to counsel,” the lawyers wrote. “When an accused has invoked his right to counsel, a waiver of that right cannot be established by showing that he responded to further interrogation initiated by the police.”

The other issue arising this week involves a notice of appearance on behalf of Perez by Mobile County Assistant Public Defender Ashley Cameron. Prosecutor Ashley Rich wrote in a court filing that Perez already has two seasoned court-appointed lawyers.

“Counsel for the State has been a prosecutor for 27 years and is unaware of ANY cases including Capital Murder Death Penalty cases where more than two attorneys were appointed by this honorable court unless one of the attorneys had been practicing fewer than 5 years,” she wrote.

The trial is scheduled for Sept. 11.

[ad_2]