Attorneys argue Michael Slager requests including indictment dismissal

Solicitor testifies in pre-trial hearing in Michael Slager case
Published: Apr. 20, 2017 at 10:43 AM EDT|Updated: Apr. 22, 2017 at 9:01 AM EDT
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CHARLESTON COUNTY, SC (WCSC) - Attorneys argued several requests for a former North Charleston police officer ahead of his federal trial next month.

Michael Slager faces civil rights violations in the shooting death of Walter Scott in 2015.

On Friday, a judge denied the defense's motion to dismiss the indictment based on double jeopardy.

A College of Charleston law professor argued the case saying under a specific doctrine the defendant should not be worn down by multiple charges of the same nature in both state and federal court.

Prosecutors say their interests in this case are different from the one's state prosecutor had in October.

The judge told attorneys if they want to change the law, they would have to get someone else to do it.

Slager's former attorney, David Aylor, took the stand on Friday and said he was contacted by the Police Benevolent Association to represent Slager after the shooting.

Aylor testified he told Slager not to talk to authorities right away until he could get more information on what happened on April 4, 2015.

Slager's current lawyers argue the former police officer's statement to SLED on April 7 is inadmissible because they say SLED agents lied to his former attorney.

On the stand, Aylor said the lead agent on the case "lied to his face" when he asked if there were any witnesses, videos, or information on the autopsy.

He said he found out about those lies when witnesses took the stand in Slager's state trial in November explaining when they became aware of that video and a potential witness.

Aylor said had he known about that information before the initial statement given to SLED, he would have discussed different options with Slager.

Solicitor Scarlett Wilson was also called to the stand and said she and Slager were called to the stand to help confirm evidence that may be submitted in the trial.

Among the motions she testified to included the initial statement made to state law enforcement agents following the shooting.

Slager's current attorneys say that statement is inadmissible because investigators lied to his former counsel about a video capturing the shooting along with a witness.

"Based on the case law, I think the statements to SLED will come in as they should," Wilson said."Even if they didn't, there are several other statements made to officers that day of the shooting, so I'm not sure what the end game is."

She said she is looking forward to how federal prosecutors will argue their case and what she might be able to use for Slager's upcoming state retrial.

Slager also provided testimony on what his attorneys say are involuntary statements made to state law enforcement agents in April 2015. Slager was arrested shortly after those interviews.

Slager recounted what he remembered and his interactions with SLED and his former attorney David Aylor.

Last month, a federal judge ruled prosecutors can show jurors video of the former North Charleston officer shooting Scott.

The bystander's cellphone video was viewed millions of times around the world.

In another hearing next Monday, attorneys will discuss the admission of certain experts to testify, according to court documents.

Slager also faces murder charges in state court, where his first trial ended in a hung jury.

His retrial is scheduled for August.

Copyright 2017 WCSC. The Associated Press contributed to this report. All rights reserved.