CHARLESTON COUNTY, SC (WCSC) - A judge could move the state retrial for Michael Slager to a new date Tuesday.
In the former North Charleston police officer's first time in court since a mistrial was declared in December, attorneys representing him asked to have the retrial date, currently set for March 1, pushed back.
Slager was arrested in April 2015, days after shooting Walter Scott, who was running away from a traffic stop, when cellphone video of the incident was released. Slager claimed he shot Scott out of self-defense but prosecutors say the video, which appears to show Scott being shot in the back as he ran away, indicates otherwise.
After five weeks in court and dozens of witnesses presented last year, a 12-person jury told a judge they would be unable to reach a unanimous decision in the case.
According to a motion filed earlier this month, the defense attorneys argued there are 23 pending murder cases in Charleston County with arrest dates prior to that of Slager's, two of which are 10 years or older. According to the motion, 20 of those defendants are currently being held in jail.
The attorneys also argued the trial date was scheduled without a pre-trial conference to address scheduling conflicts and that several of the defense's material experts are not available during that time in March.
Lead attorney Andy Savage says there are a total of seven days he wouldn't be available because of pre-scheduled conferences. Another attorney is also set to be on vacation through mid-March.
As for the prosecution, Solicitor Scarlett Wilson told judge Clifton Newman that she was ready for the trial to be on March 1.
Judge Newman told both sides to get together and come up with a new date for the retrial. A hearing will be held Tuesday at 2 p.m.