CHARLOTTE — A Charlotte woman arrested during a Border Patrol protest is asking a judge to throw out the charges against her. She says federal agents “deleted” critical video evidence in her case.
Heather Morrow’s attorneys want the federal charges against her thrown out.
“This case is full of false statements, false evidence,” said Xavier de Janon. He’s one attorney representing Morrow who’ve we spoken to multiple times as this case has continued.
Channel 9 obtained eyewitness video from November when Morrow was arrested by agents, who said she grabbed the officer’s shoulders and tried jumping on his back.
But the video showed no such thing. The only time her feet leave the ground is when she’s taken down by the feds.
“This is the behavior though of ICE agents across the country,” said de Janon.
Morrow’s team showed it to federal prosecutors, who dropped the felony changes against her, but charged her with new misdemeanors.
Ahead of her trial that is set to start next month, in a motion Morrow’s defense attorneys say the federal building the incident happened near, “had its own video system” capturing “portions of the incident that led to these charges.”
It goes on to say “FBI agents admitted viewing portions of the video” and told ICE agents “to preserve it.”
“They didn’t,” de Janon said. “The government says do not delete this, and apparently they did say that but they deleted it anyways.”
He says that video would have proved Morrow was not on federal property.
“If someone is not at federal property, they cannot be prosecuted for those counts,” said de Janon.
Three of the four misdemeanor charges deal with federal property.
Federal prosecutors have not yet responded to these motions, but they have asked the judge to limit the defense team at trial.
They do not want them to be able to tell the jury about the charges being downgraded, all because of falsehoods by ICE agents.
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