NASHVILLE (WSMV) - The Metro police officer who is accused of murder appeared in court for a motion hearing Tuesday morning.

Officer Andrew Delke is accused of shooting and killing Daniel Hambrick as he was running from police in July 2018.

delke hambrick

Officer Andrew Delke (L) is charged with criminal homicide in the death of Daniel Hambrick.

In court Tuesday, attorneys went back and forth over what should and shouldn't be a matter of public record.

Delke only spoke once during the proceedings to confirm that he does want David Raybin as his attorney and that he doesn't see a conflict of interest, even though Raybin also represents the Fraternal Order of Police.

Raybin doesn't want the discovery in this case filed through the court clerk's office because then it all becomes public record. He argued that having all of that information out in the public could potentially hurt the case or influence the jury pool.

District Attorney Glenn Funk said that discovery is almost always public record in criminal court. He said Delke and his attorney are asking for an exception to the rule.

"What Mr. Raybin is asking is for his client in this case to be allowed to ask for all of the discovery to be under seal, and it's not clear why other than he just doesn't like the local rule of the court and doesn't want the local rules to apply to his client in this case," Funk said.

"I'm not asking for an exception to the local rule. There is no local rule here that allows the government to do what they want. I'm not asking for an exception," Raybin said.

After hearing from both sides, the judge decided to take the matter under consideration and said he will have a decision by next week.

Stay with News4 for updates on this developing case.

Copyright 2019 WSMV (Meredith Corporation). All rights reserved.

Reporter

Carley Gordon joined the News4 team as a reporter in 2009. Carley currently covers the crime beat around Middle Tennessee.

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