The woman who survived five gunshots from a Border Patrol agent in Chicago last fall, only to be criminally charged and then cleared, now wants a judge’s permission to share evidence that shows how the feds respond when “their agents use deadly force against U.S. citizens.”
Marimar Martinez’s lawyer argued Monday that top Trump administration officials continue to smear her name, and that the White House’s false narrative about her arrest has even seeped into writings by U.S. Supreme Court Justice Samuel Alito.
All the while, a standard court orderbars Martinez from sharing records in her case, such as body-camera footage and electronic communications. Designed to protect against the improper disclosure of evidence, attorney Chris Parente said the order has instead become “a prophylactic to countering a pernicious misinformation campaign mounted by the United States.”
“They are forcing the public, and Supreme Court justices, to have to rely solely on the government’s inaccurate version of events,” Parente wrote. “This court has the power to shed light on the truth of what happened on October 4.”
The Chicago Sun-Times and other media organizations have also gone to court seeking access to evidence in Martinez’s case.
Martinez’s hands are tied by what’s known as a “protective order” issued in October by U.S. Magistrate Judge Heather McShain. It’s routine and meant to govern the handling of evidence in a criminal case. Parente did not object to it at the time.
But now, he said it’s “become an albatross” around Martinez’s neck and “keeps the entire country in the dark about how [Homeland Security] responds to lethal force incidents by their agents, which have now unfortunately become a weekly occurrence.”
[...]
Border Patrol agent Charles Exum shot Martinez Oct. 4, during the immigration campaign in Chicago known as Operation Midway Blitz. Exum fired five shots at Martinez resulting in seven wounds and later bragged “put that in your book boys” in a text message.
[...]
Even though charges were dropped against Martinez, she is described “to this day” on the Homeland Security website as a “domestic terrorist,” Parente wrote.
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