INDIANAPOLIS — The man accused of killing Marion County Sheriff's Deputy John Durm appeared in court for the first time since video was released of the moments leading up to the deputy's death.
The surveillance video is part of the reason why Orlando Mitchell's defense team wants his trial pushed back.
The prosecutor's office is seeking the death penalty against Mitchell.
Officials said Durm, 61, was returning from taking Mitchell, 34, to a hospital prior to the attack outside of the transport van on July 10.
The arrest report says the incident was captured on surveillance video, which shows Durm get out of the driver's side of the sheriff's van and walk to the back of the transport van. As Durm let Mitchell out of the van, video shows Mitchell move behind Durm and put his hands over Durm's head with the handcuff chain around Durm's neck.
The video released by the sheriff's office to the public shows the moments leading up to Durm being strangled.
Mitchell's counsel stated they want to have the trial date pushed back partially because of the publicity of the case.
The judge criticized the release of investigation video to the media.
"The thing that frustrated me the most was that the state specifically asked for the discovery protective order against the defense counsel and all the witnesses for doing the exact same thing that your witness did," Judge Mark Smith said. "Somebody from the Marion County Sheriff's Office is going to testify in this case, correct? So, why should they be held to a different standard than folks who are on your witness list? Why shouldn't I propose immediately the same order that you asked me to propose upon them?"
The next pretrial hearing is set for Jan. 5, 2024. A 2026 trial date is anticipated.
Mitchell is charged with murder, robbery resulting in serious bodily injury and escape.