Prosecutors have asked the judge in the Marco Antonio Perez capital murder case to order the defense not to tell jurors about his acquittal on related federal charges.
Perez stands accused of shooting Mobile police Officer Sean Tuder in 2019. A federal jury found him not guilty in 2021 of killing a federal witness and discharging a firearm during a violent crime.
Prosecutor Ashley Rich argued in a court filing that it would be improper for the defense to present evidence of that verdict in the upcoming capital murder case, set for September. Rich argued the federal trial is irrelevant to determining whether Perez is guilty of the murder charge in state court and would constitute impermissible hearsay under the Alabama rules of evidence.
It is the first of what is expected to be a number of pretrial motions ahead of the trial. Mobile County Circuit Judge Ben Brooks has said he will hear arguments about those motions on Sept. 11.
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