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Judge denies defense motion to depose Gov. Ducey

Posted at 8:47 AM, Feb 09, 2016
and last updated 2016-02-09 13:14:53-05

The lone suspect in a series of shootings along Arizona freeways arrived in court shackled in uniform prison garb on Tuesday.

The purpose of the hearing was to decide whether or not court proceedings and documents would be kept under seal--meaning out of public light--and to rule on a defense motion to obtain ballistics evidence from the state.

The judge also ruled on a defense motion seeking to depose Gov. Doug Ducey related to his "We got him!" tweet sent out on Sept. 15, minutes after Leslie Merritt Junior was arrested.

The defense argued in their motion that Ducey must have had inside information from the Department of Public Safety. The defense wants to know what that information was.

The judge denied that motion on Tuesday.

The judge also ruled that the court proceedings in the case would remain public, such as whether motions were approved or denied, but cautioned that he did not want the personal information of those involved in the case to be made public. That exception will allow for some records to be filed under seal.

Merritt's attorneys argued they have not received certain ballistics evidence from the state allegedly tying Merritt to four of the 11 shootings. The judge ruled that the state had until early March to provide that evidence to the defense.

The next court hearing is February 19 at 1:30 p.m.