The case involving a woman charged with DUI manslaughter in the death of Delray Beach Police Officer Christine Braswell went before a Key West judge Thursday.
Lacy Morris's attorney asked for medical records for Delray Beach Officer Bernenda Marc. It was granted but the judge said they could not be made public.
The defense also asked for phone and text messages either from or about the officers on the day of the crash. The judge said he would take the matter under advisement and issue a ruling later.
Defense lawyer Evan Hoffman says he wants the records to prove that Marc was drunk that night and was operating the scooter.
"The state says overwhelming evidence that Ms. Braswell was the driver. We're not going to take them at face value. We want to do our own investigation," Hoffman says.
Morris, 31, is facing charges after her car collided in April with a scooter that Braswell was driving with Marc riding on the back.
The judge declared Morris indigent and set the next hearing for November.
The trial is set to start December 4th, but both sides say it's likely it will be pushed back.
Marc said in June she plans to be in Key West for every step of the legal process.
Marc on the mend
Bernenda Marc had company on her solo drive to Key West ahead of the hearing.
"I had a chance to play the same songs that Christine was playing when we were coming down here," she said in an exclusive interview with NewsChannel 5. "She was actually surprised that I listened to Linkin Park. I assured her that that's one of my favorite bands."
Bernenda is healthy enough to drive, and is easing her way back to work. For now, a desk job with the Delray Beach Police Department. She's on light duty.
"It helped me reverify that this was something I've always wanted to do, is to be a soldier, to be a law enforcement officer, to protect and serve. It assured me that this is what I want to do," she said.
I met the close friends at the gun range, practicing in April, four days before the crash in Key West.
It was one of the last days they got to work together.
"The hardest part was realizing that Christine wasn't going to be there and getting used to that. There are some moments that are tough for me but I overcame them," Marc said.
She's also back to her commitment with the Florida National Guard, so you know already she's tough. She has will power.
This summer, she discovered something else about herself.
"My resiliency. Just go by that. That's what I've really learned through this. That I'm able to bounce back. Even though it took a while, at the same time I'm able to focus on my goals," she said.
Key West is still a happy place for her, but there's still work to be done here.
It's why she doesn't miss a court date.
"To be able to be present during the motions is healing to me as well to see that something is going on through this process," she said.
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