Pretrial rulings to set rules for accused cop killer’s trial

By Brendan Kirby

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    MOBILE, Alabama (WALA) — The capital murder trial of accused cop killer Marco Antonio Perez kicks of this week with jury selection, a process that is expected to last two weeks.

First, though, Mobile County Circuit Judge Ben Brooks will hear arguments Monday on a number of issues that will set rules for testimony that will be presented in the coming weeks.

Perez, 24, of Theodore, stands accused of murdering Mobile police Officer Sean Tuder at the Peach Place Inn in January 2019. Prosecutors have said they will seek the death penalty if the jury convicts Perez.

Brooks last week dealt a blow to prosecutors by denying their bid to amend the indictment in such a way that they would not have to prove Perez knew Tuder was a police officer. The officer was in plainclothes during the encounter and the defendant’s lawyers maintain that he did not know Tuder was an officer.

Among the requests prosecutors have made are:

An order forbidding the defense from referencing Perez’s acquittal on federal charges related to the incident. A jury in the federal case found him not guilty of killing a witness. That witness was Tuder, who was trying to arrest Perez on a federal gun charge. The Mobile County District Attorney’s Office argues the federal case is irrelevant. An order forbidding the defense from making reference to prior shootings by police officers. Prosecutors argue that is irrelevant, as well. An order prohibiting the defense from referencing Tuder’s disciplinary record, which included two vehicle accidents and one citizen complaint of offensive language. Prosecutors argued it is “irrelevant and immaterial to the trial of this matter.” An order excluding evidence related to Tuder’s work history with the Palatka Police Department in Florida.

The defense has made a number of requests, as well:

An order prohibiting the prosecution from telling the jury that Tuder was on duty at the time of the fatal shooting. An order prohibiting prosecutors from talking about statements by the defendant’s mother about a supposed kidnapping that Perez the victim of. Shortly after Perez’s arrest, police charged Tiffany Perez with faking his kidnapping in an attempt to help him elude authorities. Prosecutors later asked for the charges to be dropped. “This alleged kidnapping reportedly took place 2l days before the acts constituting the allegation of capital murder,” a defense filing states. That “kidnapping scenario is not relevant to the issues of whether or not Marco Perez killed” the officer, the filling states.

The judge also will take up the issue of whether prosecutors can present evidence of other crimes Perez is accused of committing. The defense argues that it is irrelevant and would prejudice the jury.

Prosecutors laid out a timeline beginning on Jan. 2, 2019, when Perez reported to a federal probation officer before trying to elude authorities. The timeline includes allegations that Perez stole several vehicles and the gun used to kill Tuder while he was on the run.

They argue Perez’s conduct in the weeks before the shooting is intertwined with the murder allegation.

“In summary, this evidence is admissible to give the jury a complete picture,” the District Attorney’s Office wrote. “In addition, the evidence is admissible to show the Defendant’s motive and intent in the killing: to prevent capture” by Tuder.

The defense argues Perez’s conduct is “not relevant to issues in the case” since they are too remote in time to the shooting. The defense further argues that the evidence does “not support the allegation or intent or any other exception” to the rules of evidence.

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