Cleveland police officer Michael Brelo was in court this morning for a pretrial hearing where lawyers argued whether the investigation that led to his indictment violated the law.
Officer Brelo was charged with two counts of voluntary manslaughter after he fired 49 of the 137 shots during the deadly November 2012 police chase.
Most of the arguments today surround the use of police statements gathered during the city's internal investigation of the shooting.
During that investigation the city asked police officers to give a statement or face possible termination. But statements they gave are protected by law, and the information can not be used against them in a criminal investigation.
But the defense suggests the prosecutor's office did use those police statements as the foundation of Brelo's indictment. A claim the prosecution tried to disprove with three witness testimonies. .
If the judge finds the statements were used inappropriately, Brelo's lawyers want the charges against him to be thrown out.
But more than four hours later, there wasn't enough time for Judge John O'Donnell to make his ruling. The hearing will continue Thursday morning.