Jesse MathewsFederal prosecutors say attorneys for Jesse Mathews can use court records, but they can’t get testimony from the man who prosecuted the accused killer’s family.
Assistant U.S. Attorney Suzanne Bauknight on Friday filed a response to requests from Mathews’ attorneys, Lee Davis and Bryan Hoss, to conduct a video interview with federal prosecutor Steve Neff to use in the potential sentencing phase of their client’s January death penalty trial.
In her written response, Bauknight said that U.S. Attorney Bill Killian’s denial to allow Neff to testify in state court falls within the law, which allows federal agencies to decide when or if its members can be called to testify in state court proceedings.
Mathews is charged with killing Chattanooga police Sgt. Tim Chapin during the botched robbery of a store on Brainerd Road on April 2, 2011.
Bauknight asked for a hearing on Nov. 16 to speed up the process, followed by a hearing before U.S. District Judge Harry “Sandy” Mattice on Nov. 20 to review the filings so far.