Charleston, SC (WLTX) - Michael Slager has asked the court to exclude the cell phone video of the shooting of Walter Scott.
The video was taken by bystander Feidin Santana at the time of the incident.
According to Slager's attorney, Andy Savage, the video is "unreliable, technically inadequate, limited in scope, and extremely unrepresentative of the events at issue".
"It is highly prejudicial, inflammatory, and factually deficient. It should be excluded from consideration by the jury," Savage wrote. "It fails to clearly show the significant acts leading up to the fatal shooting, because it is out of focus for a substantial portion of the relevant events, and because it does not adequately reflect the position and distances between the actors (Slager and Scott)."
Savage also wrote that the video only shows the viewpoint of Santana and not that of former officer Slager, taken about 137 feet away and at an angle that does not give a full perspective.
If the video were to be shown, Savage requested that it not be show in slow motion citing recent peer reviewed studies that show that slowing down video creates a bias and "tends to suggest to unfairly suggest greater purpose or intent on behalf of the actors (Scott and Slager) that are depicted in slow motion."
"It unfairly increases the likelihood that the jury will find wrongful intent on Slager's part where there is none. While the video should not be shown at all, if it is shown, it should be shown only in real time and not in slow motion. To show the video in slow motion is highly prejudicial and inflammatory. It also suggest, unfairly that Officer Slager's intent was to kill when he had no such intent," he wrote.
Savage has also asked the court to sequester all witnesses until their testimony (including potential recall) is complete and that jurors refrain from all media or social media regarding this case.