Judge orders release of video, evidence in Border Patrol shooting of Chicago woman

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Woman shot by Border Patrol in Chicago seeks release of body cam video and evidence

A woman shot five times by a federal agent in Brighton Park is asking a judge to release more evidence from her case.

A federal judge has ordered the release of body camera video and other evidence in the case of a Chicago woman who was shot five times by a Border Patrol agent last fall.

What we know:

The ruling modifies a protective order that had restricted public access to materials gathered during the investigation, including body-worn camera footage, photographs and text messages.

Some of the text messages will be withheld until redactions are made, such as third-party names.

Federal prosecutors had previously opposed releasing some of the evidence but said they would allow body camera video to be made public if agents’ faces were blurred.

The woman, Marimar Martinez, was shot in October by Border Patrol Agent Charles Exum following a vehicle collision involving federal agents assigned to Operation Midway Blitz. All criminal charges against Martinez were later dropped, though her attorney has said the Department of Homeland Security continues to describe her as a domestic terrorist.

Martinez’s legal team argued that releasing the evidence was necessary to protect her reputation and counter claims made about her after the shooting. The motion to lift the protective order was filed last month, shortly after Martinez testified before Congress, drawing national attention to the case.

What they're saying:

U.S. District Judge Georgia N. Alexakis countered the government's claims that Exum's reputation would be sullied by the release of the evidence.

"As to Agent Exum, here’s what I struggle with… I don’t understand why the United States government after given many many opportunities, has expressed zero concern of Miss Martinez’s sullying. She’s an American citizen, a resident of this district, and presumed innocent. I am not persuaded by the sullying concern. I’m not persuaded by that concern because of his testimony. One feeling that comes through in those texts is a feeling with pride. Pride in his shooting skills."

Federal officials have not said when the materials will be released publicly.

The Source: The information in this article came from court documents and previous Fox Chicago reporting.

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