Judge allows release of body camera footage in case of Chicago woman shot by CBP
Marimar Martinez was shot five times by a CBP agent last fall.
A federal judge on Friday granted a motion to permit the public release of body camera footage and other evidence in the case of a Chicago woman who was shot five times by a Customs and Border Protection agent last fall.
U.S. District Judge Georgia Alexakis granted the motion from Marimar Martinez to publicly disclose body camera footage, photographs, FBI reports and other evidence in the case.
An attorney for Martinez, who was shot and wounded by a Customs and Border Protection agent during Operation Midway Blitz, had asked the court to allow the release of more evidence from the shooting -- including body camera footage, electronic communications and photographs -- in order to "combat the continuing harm to her reputation."
Among the evidence the judge ordered released is the body camera footage of Charles Exum, the CBP agent who fired the shots, plus two other agents; FBI reports on Exum and the other agents; audio of Martinez's 911 call; FBI reports regarding custody and medical treatment; and about 40 text messages Exum sent to friends, family and coworkers following the shooting.
The government in November dismissed the charges it had brought against Martinez after it had accused her of participating in an "ambush" of CBP agents by ramming them with her car.
While the body camera footage to be released does not show the shooting -- because Exum was not wearing his body camera at the time -- Martinez's attorney told reporters that audio of the gunfire will be audible in other videos that will be released.
"You can hear five shots within two seconds of him opening the door," attorney Chris Parente said. "It is quite alarming that we have agents jumping out of the car and within two seconds, shooting."
Judge Alexakis said Exum's text messages provide insight into his perspective of the shooting as well as how DHS leadership and other government officials responded to the incident.
"They communicate his impression of the relevant events," Judge Alexakis said. "They bear on his credibility, they have impeachment value."
During Friday's hearing, Judge Alexakis took aim at the government's continued allegations about Martinez, despite dropping its case against her.
"I don't understand why the United States government, after being given many, many opportunities to do so, has expressed zero concern about the sullying of Miss Martinez's reputation," the judge said. "She's a United States citizen ... and under our legal system, it bears repeating, she's presumed innocent of any offense for which she has not been convicted."
Following the hearing, Parente said he expects the release will show the public "how our government responds right in the immediate aftermath of one of these shootings."
"You can't call a U.S. citizen a domestic terrorist, which is such a loaded word in this country, and repeat it over and over as late as yesterday," he said.
Once the materials are disclosed, Parente said, the public will see things "that just completely destroy the credibility of the narrative that she drove at these agents."
Friday's hearing came days after Martinez testified on Capitol Hill about the encounter.
"I know that being a survivor, it's my duty to be here today to let you elected officials know what is happening on the streets of our country because silence is no longer an option," Martinez said Tuesday.
The evidence Parente had sought to make public was covered by a protective order that prohibits the disclosure of materials or their use outside of the court case. Such orders are standard in criminal proceedings to protect the integrity of a trial.
ABC News and other media organizations previously sought to modify the protective order to obtain the footage, but the motion was denied by U.S. District Judge Georgia Alexakis.
In a court filing, the government argued that the court lacks jurisdiction to release the evidence due to a pending appeal, but also argued that sensitive law enforcement data, including the CBP agent's private text messages, should remain sealed to protect investigative tactics and personal privacy.
Parente had argued in court filings that federal authorities were continuing to engage in a "counter-factual public relations war" against his client.
He noted in a motion filed last month that government statements labeling Martinez as a "domestic terrorist" remain online on official accounts.
"The government should not be permitted to wage this campaign against Ms. Martinez while actively suppressing the objective evidence that she could use to counteract those efforts," Parente wrote.
During a Nov. 5 court hearing, Exum was questioned by Parente about text messages he sent to friends and family after the incident in which he appeared to boast about his shooting skills.
"I fired 5 rounds and she had 7 holes. Put that in your book, boys," one of those messages said.
When pressed by Parente about the text messages during his testimony, Exum said, "I am a firearms instructor and I take pride in my shooting skills."
Parente then asked, "So you're bragging that you shot her five times and gets seven holes, five shots? Are you literally bragging about this?"
Exum responded, "I'm just saying five shots, seven holes."
On Tuesday, Martinez said she still struggles with physical pain from the shooting.
"And perhaps even worse, the mental scars will always be there as a reminder of the time my own government attempted to execute me, and when they failed, they chose to vilify me," she said.