BUFFALO, N.Y. (WKBW) — The defense attorneys representing the gunman who killed 10 people and injured three others in the Buffalo mass shooting made a move that could help victims' families.
On Friday, the defense attorneys filed a motion asking the federal government to allow the families and their attorneys greater access to evidence for civil litigation many are looking to pursue.
In the motion, the attorneys wrote that allowing attorneys to access "limited, non-sensitive discovery material" that is "critical to civil litigation they are contemplating on behalf of the victims."
The proposed modification to the protective order would allow access to forensic images of the Tops shooter's cellphone, laptop, desktop computers and social media data. The rest of the evidence would remain fully subject to the current order.
As of September 2022, the government sought a protective order governing discovery that currently limits how families and lawyers are able to view the 4.5 terabytes of evidence from this case. According to the motion, they can only view the material. They are unable to take notes or copies of the evidence, and the defense team must be present.
Attorney John Elmore, who is representing three of the victims' families said this current protective order is a setback to the case he is pursuing.
"We believe they're being overprotective and that the over protectiveness of the federal government is hurting the crime victims families," Elmore said.
Since the protective order, Elmroe said his team is trying to get as much evidence for his case in other ways, but needs this order to change. He said he is planning to file a lawsuit against the social media companies that he believes played a role in the Tops shooting.
7 News did reach out to the U.S. Attorney's office, but a spokesperson said they cannot comment on pending cases.
The federal government has until May 5th to respond to the motion.
