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Lawyer says police leaked information 8:11 PM

08:11 PM EDT on Thursday, May 17, 2007

By MARK BOONE / WCNC
E-mail Mark: MBoone@WCNC.COM

Accused cop killer in court

A lawyer for accused cop killer Demeatrius Montgomery has requested a gag order in the case.

Attorney Duane Bryant filed the motion Thursday, claiming Charlotte-Mecklenburg Police have released inaccurate information to the media which may prevent Montgomery from receiving a fair trial.

Bryant declined to elaborate on the details allegedly leaked to reporters but said he is “not in the practice of filing frivolous motions.”

Judge Don Bridges said he would hear arguments on the motion at a later date.

Montgomery, 25, is charged in the March 31 shooting deaths of Charlotte-Mecklenburg Police officers Sean Clark and Jeff Shelton.

The gag order motion was revealed during a hearing in which prosecutors said they would ask for the death penalty.

Bryant, a former Mecklenburg County assistant district attorney, had unsuccessfully argued the alleged cop killer should not be tried for his life. Bryant said prosecutors have not revealed a motive or theory for the murders. He also pointed to current litigation in other North Carolina counties questioning the constitutionality of the death penalty.

Deputies escorted the widows of the slain officers and their relatives into the courtroom moments before the start of Thursday’s hearing. They were surrounded by at least two dozen uniformed police officers.

At least one family member stood up from his seat in the back row of the courtroom as Montgomery was led in shackles and handcuffs to his seat at the defense table. It was the first time the families of Shelton and Clark had seen the accused killer in person.

The families did not talk with reporters as they were led from the courthouse to an awaiting motorcade following the brief hearing.

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