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Attorneys ask to unseal records in Phoenix freeway shooting

In this Sept. 11, 2015 file photo, motorists drive past a sign calling for the public to phone in tips to catch the person responsible for a rash of freeway shootings rattling the metro area, in Phoenix.  (AP Photo/Ross D. Franklin, File)

In this Sept. 11, 2015 file photo, motorists drive past a sign calling for the public to phone in tips to catch the person responsible for a rash of freeway shootings rattling the metro area, in Phoenix. (AP Photo/Ross D. Franklin, File)

Now that a judge has dismissed charges against the man arrested for last summer’s freeway shootings in the Phoenix area, his attorneys are calling on the court to release all previously sealed documents.

Lawyers for Leslie Merritt Jr. said opening the documents will further prove their client isn’t responsible for the shootings of 11 vehicles that caused panic on Phoenix-area freeways in August and September.

“I think it will open the public’s eyes to what the I-10 freeway shooter case, as well as the prosecution of Leslie Merritt Jr., is all about,” attorney Jason Lamm said Tuesday.

The motion states the documents should be unsealed to prevent prosecutors from making false claims about why the case was dismissed. It cited a statement from spokesman Jerry Cobb at the Maricopa County Attorney’s Office saying the case’s latest developments are the result of evidence uncovered by prosecutors.

“Nothing could be further from the truth,” the motion states. “Allowing MCAO’s statements to stand would constitute a tacit endorsement of the State’s misleading the public with utter impunity.”

Cobb declined to comment, saying: “We respond to motions in court, not in the media.”

It’s not immediately clear what’s in the sealed documents.

County Attorney Bill Montgomery was expected to talk about the case at his regularly scheduled news conference Wednesday.

Merritt’s lawyers have contended ballistic tests cast doubt on authorities’ claim that Merritt was behind four of the freeway shootings.

Merritt, who spent seven months in jail before his release last week, has maintained his innocence and says authorities arrested the wrong person.

He filed a legal claim — a precursor to a lawsuit — a month ago demanding $10 million from the state and county. Merritt alleged authorities rushed to judgment and failed to provide evidence that he was present at any of the shootings.

Lamm said the case is still in its infancy, but Merritt could seek additional recourse if his arrest is found to be arbitrary or punitive.

In the wake of last summer’s shootings, the head of the Arizona Department of Public Safety said the gunfire was the work of a domestic terrorist, and authorities heightened patrols and surveillance in pursuit of a suspect.

Detectives took Merritt into custody Sept. 18, leading Gov. Doug Ducey to declare “We got him!” on Twitter five minutes after the arrest.

In court the next day, Merritt adamantly denied shooting any cars, telling the judge, “I’m the wrong guy.”

His lawyers immediately began raising questions about the evidence, citing ballistics information and phone records they say provided their client an alibi.

The decision to throw out the case leaves unanswered questions of who might be responsible for the shootings.

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