INDIANAPOLIS — Lawyers for Elliahs Dorsey, the man facing a death penalty trial next month and charged with the murder of IMPD Officer Breann Leath in 2020, are asking that no police officers be allowed to sit in the gallery in uniform as spectators.
Lawyers cited 13News video of a Jan. 5 court hearing attended by a number of officers, in uniform and plain clothes, supporting the Leath family.
Dorsey's attorneys' objection says, "If allowed to continue, the spectacle of a large armed, uniformed law enforcement contingent could unduly prejudice Mr. Dorsey by violating his 6th Amendment right to a fair trial and 14th Amendment right to due process, as well as his Article 1, Section 13 of the Indiana Constitution's guaranteed right to an impartial jury, thereby causing reversible error."
The motion asks that only officers testifying at trial or part of courtroom security be allowed to wear uniforms. The judge took the motion under advisement until a pretrial conference Thursday.
Jury selection is already underway for the trial, which is set to begin Feb. 12.
Some 1,200 jurors will be called before 12 are chosen, along with six alternates for the three-week trial.
The defense is working to throw out findings of a court doctor who said Dorsey was sane but does have a mental illness.
Dorsey is accused of murdering Leath while she and three other officers were responding to a domestic violence call involving Dorsey. He allegedly fired through the door, hitting and killing Leath.
Dorsey's public defenders have argued that Dorsey did not know he was shooting at law enforcement. According to the public defenders, the officers did not announce themselves as the police and that Dorsey said, "that ain't the police" before firing shots through the door. His defense team is seeking an insanity defense.
The judge in the case announced the prosecution could move forward with seeking the death penalty.
Nearly four years after her death, Leath's family is hoping the trial brings some closure.
"So we're just getting there finally, and it seems just patience and...I don't want to say excitement because nobody is excited to be here...we're here for a tragedy. But the fact that we are finally going to get some simulation of justice for her, that's um...finally. I'm looking forward to the weight being lifted off," said Jennifer Leath, Breann's mother.
Leath was a mother and just 24 years old when she was killed. She had been with IMPD for more than two years. Leath had wanted to be a police officer like her father since she was young.
Leath served in the Indiana National Guard and was assigned to the 387th Military Police Company at Camp Atterbury from March 2014 to April 2017, honorably discharged as a specialist.
In her honor, IMPD launched the LEATH Initiative in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Attorney's Office for the Southern District of Indiana. LEATH stands for Law Enforcement Action to Halt domestic violence against men, women and children.
The LEATH Initiative will target domestic violence offenders who commit crimes with illegally-owned guns. Those who have a misdemeanor domestic violence conviction, are the subject of a final protective order, or have a state or federal felony conviction will be at the center of the investigations.
Federal law prohibits previous domestic violence offenders from legally possessing firearms or ammunition. Violators could face up to 10 years in federal prison.
The LEATH Initiative will also work to support victims of domestic violence. Officers will connect domestic survivors and witnesses with social services in their communities to help.