CHARLESTON COUNTY, SC (WCSC) - Attorneys for former North Charleston police officer Michael Slager are asking a judge to dismiss the murder charge.
Slager is charged with murder in the shooting death of Walter Scott after a traffic stop in April of last year.
Slager's attorneys are citing what is called double jeopardy to get the murder charge dropped.
The defense claims Slager cannot be tried twice for the same crime.
Both the state and the Feds will put him on trial for murder.
Slager's defense team was ready to have former federal prosecutor Miller Shealy make their argument for the case to be dismissed.
But that was put off because prosecutors say they need more time to respond.
When Slager's trial begins, his team will claim Walter Scott grabbed the ex cop's taser during a struggle and pointed it at him, forcing Slager to shoot in self defense.
The shooting, caught on a bystander's cell phone camera went viral.
Jury selection begins Monday morning and is expected to last a few days. Slager faces 30 years to life in prison if he's convicted.
188 prospective jurors will report to the Charleston County courthouse Monday for the start of Michael Slager's murder trial.
The prospective jurors had to fill out questionnaires.
There will be another round of questioning before 12 jurors are seated to hear the case.
Earlier in the day, the judge said he would not sequester the jury for the trial.
In making his ruling, judge Clifton Newman said he's concerned the jurors would be away from their loved ones for too long during the holiday season.
Also on the docket — whether add additional video monitors and give headsets to the jury. The defense argues the quality of the video and audio presentation in the courtroom would not be good enough to present evidence to the people who will help determine the outcome of the trial.