Judge to consider motions in case of Andrew Delke, officer charged with murder

Posted at 6:27 AM, Feb 19, 2019
and last updated 2019-02-19 15:39:56-05

NASHVILLE, Tenn. (WTVF) — A judge will rule next week on two motions in the case of Andrew Delke, a decommissioned police officer who's been charged with murder in the shooting death of Daniel Hambrick.

Delke has pleaded not guilty to first-degree murder in the shooting that happened back on July 26, 2018. Delke, a white police officer, is accused of squaring up and firing multiple rounds at the 25-year-old Hambrick, who is black, as he ran away.

Judge Monte Watkins heard two motions in court Tuesday, one of which being whether discovery evidence will be opened or sealed. The second motion stems from the prosecution’s request asking Delke’s attorneys to recuse themselves due to a “conflict of interest.”

Delke is represented by well-known Nashville attorneys David Raybin and John Brown, both of whom have been with him since the beginning.

The motion claims Raybin's link to the Fraternal Order of Police is a problem and takes issue with what could happen if there is talk of a plea deal.

Delke testified, saying he understood that he has the right to choose another counsel if he finds there is conflict. He said he believes there’s no conflict.

Later for the second motion, Raybin said it would be a "trial by ambush" if the judge allowed the state to file evidence moving forward through the clerk's office. He worries that by making it public, it would hurt his client's case, contaminate the potential jury pool and prevent a fair trial.

He suggests nothing gets filed through the clerk's office and keep communication between state and defense.

Raybin even cited the Vanderbilt rape case when a Tennessee Supreme Court ruling sealed evidence because of its high publicity.

However, District Attorney Glenn Funk argued it's about transparency. The procedure is to always go through the clerk's office with two exceptions: if the victim is a child or a rape victim is involved.

Judge Watkins said he’ll take both motions under consideration and will decide early next week.