Demetrius Montgomery

The lawyer, Duane Bryant, said such an order is necessary to preserve Montgomery's right to a fair trial.

Montgomery, 25, is charged with two counts of first-degree murder in connection with the March 31 fatal shootings of Charlotte-Mecklenburg police Officers Jeff Shelton and Sean Clark.

Prosecutors announced this month they would seek the death penalty against Montgomery.

"This case has been subjected to substantial, pervasive publicity," Bryant wrote in his motion.

Bryant's motion suggests that investigating officers are responsible for the publicity. The publicity, the defense lawyer said, includes the dissemination of inaccurate information and matters that would not be admitted into evidence at trial.

Bryant did not cite in his motion the information he claims is inaccurate or the matters he claims would not be allowed into evidence.

Jon Buchan, a lawyer for the Observer, said Wednesday he will file an objection to the defense lawyer's motion. He said a hearing date has not been set.

"The public is very interested in this case, and it should be," said Observer Editor Rick Thames. "Two police officers lost their lives. A local resident is accused of killing them. All the more reason why this motion to conceal the judicial proceedings from the public should be denied."

Thames said he knew of no inaccuracies in news coverage that could affect Montgomery's ability to receive a fair trial. He also noted that the courts have the means to offset the potential effects of pretrial publicity, key among them the careful questioning of potential jurors.

Defense attorney Duane Bryant opened Thursday's hearing by seeking to prevent prosecutors from putting Montgomery on trial for his life. He argued that the indictment against Montgomery does not list any aggravating circumstances that prosecutors must prove to obtain a death sentence.

"It makes it hard to prepare a defense in this matter ... ," Bryant told the judge. "They have to apprise this young man what he's going to be tried for."

In court papers, the defense lawyer maintained that the aggravating circumstances must be listed in an indictment in order for the state to obtain a death sentence. He conceded, however, that the N.C. Supreme Court has rejected that argument.

Bryant also told the judge that North Carolina's death penalty is cruel and unusual. He argued that North Carolina "has no constitutionally acceptable means by which to execute someone." He cited lawsuits challenging the state's legal-injection procedures used to execute condemned killers.

Superior Court Judge Don Bridges denied the defense motion.

Jean Lawson, an attorney from the Mecklenburg County Public Defenders Office, was assigned to the case just days after Montgomery was charged.

Jail records show Lawson spoke with her client at the Mecklenburg County jail several times, and even had a conversation that lasted more than an hour. But Lawson's request to withdraw cites two North Carolina state rules about lawyer conduct, including one that says a lawyer should not represent a client if that representation will hurt another client.

District Attorney Peter Gilchrist confirmed that he has instructed Charlotte-Mecklenburg police to release no more information about the case against Montgomery and the investigation that surrounds it.

Gilchrist says talking about whether the murder weapon has been found or whether police are still looking for it, or even whether Montgomery's hands have been tested for gunshot residue, could hurt the investigation.

CMPD has received numerous inquiries on how to make a donation for the families of Officer Sean Clark and Jeff Shelton and where people can send flowers or cards of condolence to the family.

Cards: Please send to the Clark and Shelton Families in care of the Charlotte-Mecklenburg Police Department, 601 East Trade Street, Charlotte, NC 28202

Flower Deliveries:
For Officer Shelton, send flowers to Mcewen Funeral Home, 727 East Morehead St., Charlotte, NC 28202

For Officer Clark, send flowers to Forest Lawn West, 4601 Freedom Drive, Charlotte, NC 28208

Donations:

Below are three organizations that are accepting donations where 100% of monies will be turned over to the families. If approached by an organization that is seeking funds please be advised that neither the City nor the organizations listed below are conducting any type of mail or phone solicitations

Bank of America:

Two accounts have been opened and are now available to receive donations. Anyone can make contributions into accounts in any Charlotte area Bank of America (inclusive of Mecklenburg, Lincoln, Iredell, Gaston and surrounding counties). The names on the accounts are:

"Shelton Family Assistance Fund"
"Clark Family Assistance Fund"

Police Benevolent Fund -- a charitable organization
c/o Greg Crystal
CMPD Headquarters
601 East Trade Street
Charlotte, NC 28202

Fraternal Order of Police #9 Foundation - a 501(c) 3 charitable organization set up to help officers families in need
c/o Sgt. Randy Hagler
CMPD Headquarters
601 East Trade Street
Charlotte, NC 28202

Montgomery was sentenced to 120 days in the Mecklenburg County jail for a 2004 assault on a female. He was accused of striking a woman twice on the left side of her face.

Montgomery was sentenced in 2004 to 45 days in jail for assault on a government official. The assault occurred after a police officer spotted Montgomery speeding out of an apartment complex and pulled him over.

In an affidavit, the police officer said Montgomery started yelling out the window as he was pulled over and asked why the officer was harassing him.

When the police officer asked for his driver's license, Montgomery began yelling, got out of the car and rushed toward the officer, according to the affidavit. The officer wrote that Montgomery "came face to face" with him and bumped him in the chest.

The officer told Montgomery to put his hands on the hood of the patrol car.

He then recalled Montgomery's words: "You are a small man and I am going to hurt you."

"I felt that he would carry out this threat."

Backup officers were called to the scene. The officer said Montgomery continued to be combative and had to be physically restrained.

Montgomery pleaded guilty to the assault charge. The communicating threats and resisting arrest charges were dropped.

Last year, Montgomery was convicted of having an open container of beer on a public street and resisting arrest. In an affidavit, the arresting officer wrote that he pulled up beside Montgomery after spotting him drinking a bottle of beer while walking. The officer said he told Montgomery that he could not have an open container in public and directed him to pour the rest of the beer out.

Montgomery, the police officer said, drank the rest of the beer.

The officer wrote that when he informed Montgomery he was under arrest, the suspect fled and refused to stop.

The officer caught up to him a block away. Montgomery was charged with having an open container and resisting an officer. Montgomery pleaded guilty to both charges and was sentenced to three days in jail.