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Delke's attorney calls out District Attorney for 'flip-flop' stance in murder case

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Posted at 6:06 PM, Feb 14, 2019
and last updated 2019-02-14 19:12:05-05

NASHVILLE, Tenn. (WTVF) — Attorneys continue to spar over evidence in the murder case of decommissioned Metro officer Andrew Delke.

Delke's attorneys filed a motion for evidence in the case be sealed. District Attorney General, Glenn Funk, argued "the need for transparency in this prosecution is required to ensure the citizens of Davidson County are confident that the judicial process is fair and that all persons are treated equally."

But defense attorney David Raybin fired back in a new filing, accusing Funk of a "flip-flop." Rabin cited the Vanderbilt rape case, in which Funk agreed to seal evidence in the case against four former Vanderbilt football players to ensure they get a fair trial.

The filing by Delke's team states: "It is unclear why the state believes the right to a fair trial outweighs pre-trial transparency in a case against violent sexual predators, but not in a case against a Nashville police officer."

The prosecution also filed a motion asking Delke's defense attorneys recuse themselves over a "conflict of interest."

The defense responded in a filing saying, "The state's purported concerns about defense counsel ring hollow given that the State waited until the literal eve of arraignment to complain to the Court despite being aware of both attorneys' representation for six months."

The filing goes on to describe the state's request as an "extraordinary delay... constitutes a waiver of whatever claim..." the state has to remove defense counsel, adding "There are simply no conflicts here."

Judge Monte Watkins will also consider that motion at a hearing next Tuesday.