A federal judge said Thursday she was “hard-pressed” to understand why the Trump administration has yet to “change the narrative” around a Border Patrol agent’s shooting of a woman in Chicago, two months after prosecutors dropped an assault charge against her.
Marimar Martinez continues to be referred to as a “domestic terrorist” in a Homeland Security press release online, even though she no longer faces criminal charges. Unlike two recent fatal shootings in Minneapolis, Martinez survived after Border Patrol agent Charles Exum shot her five times Oct. 4.
U.S. District Judge Georgia Alexakis gave prosecutors until the end of the day Monday to explain why she shouldn’t modify a previous order so Martinez can release evidence, such as body-camera footage, from her case.
Martinez’s attorney, Chris Parente, argued the evidence would “contradict” the feds claims that she “boxed in” and “ambushed” federal agents.
The government’s lawyers asked for a week to respond in writing to the motion, but Alexakis urged them to move more quickly.
“I’m not giving you a week,” she said.
Alexakis stressed the prosecutor’s response would need to be “specific” about what materials need to remain sealed and the reasons why.
Parente said Trump administration officials continue to smear Martinez’s name and have made “no attempt” to “correct the narrative,” despite dismissing the criminal charges against her.
“The government should not be in the business of trying to assassinate characters through press releases, especially when they themselves have dismissed the charges,” Parente said during a news conference after the hearing.
Martinez is among 32 known defendants to be charged with nonimmigration crimes tied to the federal deportation campaign in Chicago’s federal court. Fifteen of those defendants have already been cleared.
No one has been convicted.
Alexakis questioned government lawyers on whether the Department of Homeland Security has taken down their previous statements about Martinez or if they have issued a press release saying that the criminal case was dismissed with prejudice by the government.
“I don’t think so,” responded federal prosecutor Ron Dewald.
Alexakis criticized prosecutors’ claims that the materials could not be released because they are part of an “ongoing investigation.”
“If the government is going to rely on an ongoing investigation to justify the nonmodification of the protective order, I’m going to need a lot of detail about that investigation, and I’m going to need it spelled out for me,” Alexakis said.
Prosecutors argued that unsealing the materials could compromise the “privacy interests” of witnesses and an “ongoing criminal investigation,” though they did not specify what investigation.
Parente said Martinez was “angry” she could not be present at Thursday’s hearing after being unable to take time off work.
Parente said Martinez “feels a duty not to be silenced about what she knows is in the record” of the case, particularly in light of the recent fatal shootings of Renee Macklin Good and Alex Pretti in Minneapolis.
“The judge gets it,” Parente said. “There’s a large public need-to know, especially with what’s going on in this country right now.”
Martinez will give a testimony at a public forum in D.C. Tuesday on the “violent tactics” and use of force by federal agents.
Contributing: Jon Seidel
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
