The man accused of crashing a vehicle into the Sweet Tomatoes in Newton, Massachusetts, was back in court for a hearing Thursday.
Bradford Casler's defense attorney is asking a judge to impound the Commonwealth's six-page statement of the case. He says it is a one-sided document without cross-examination and if filed, will likely taint the public's view of the case.
Prosecutors say the statement only contains the facts from the investigation and there's no reason to confine something people already know.
Gregory Morin of Newton and Eleanor Miele were killed in the March crash. Miele's family attorney, Michael Harris, spoke at the hearing. He's asking for access to the statement.
"For the victim to always be precluded from any of that, it limits their rights in many ways," said Harris. "We're just asking for some basics so we can do our own investigation."
Casler, 55, pleaded not guilty to two counts of motor vehicle homicide and operating a motor vehicle to endanger. He was released on personal recognizance on Monday.
The judge is now deciding whether or not to impound the state's statement. A scheduled hearing for a pretrial conference is set for Oct. 13.