The man accused of killing Mobile Police Officer Sean Tuder pleaded not guilty Monday to capital murder during an arraignment that took an unusual turn when his defense attorney raised concerns about the restraints used to bring him into the courtroom.
Marco Perez, 19, appeared before Circuit Judge Ben Brooks with court-appointed attorneys Dennis Knizley and Jason Darley to enter his plea in the Jan. 20 shooting death of Tuder, who was shot while investigating a tip on Perez’s whereabouts at the Peach Place Inn apartment complex. Perez had been the subject of multiple outstanding warrants at the time of the confrontation. He has not yet been arraigned on several lesser charges stemming from the case or on an unrelated federal gun charge.
A preliminary hearing has been set for Tuesday, Feb. 12, at 3:30 p.m.
What might otherwise have been a routine procedural hearing drew added attention after Knizley told the court he wanted the record to reflect that Perez had been placed in handcuffs bearing Tuder’s last name during the proceeding. Knizley, who has practiced as a defense attorney in Mobile for decades, said he had never encountered anything comparable in a case he handled.
“It’s quite unusual, and it’s not necessary,” Knizley told reporters following the hearing. “Let’s just treat everyone like you would anyone else accused of an offense.”
Knizley said a local television station had reported on the plan to have Perez wear the handcuffs before the arraignment even took place. He said the episode could become relevant if the defense later seeks a change of venue, arguing that the volume of local media coverage surrounding Tuder’s death and the prosecution could make it difficult to seat an impartial jury. The defense intends to file a motion asking that the handcuffs not be used again going forward.
Mobile County District Attorney Ashley Rich, who is prosecuting the case alongside Assistant District Attorney Jennifer Wright, said her office played no role in selecting which handcuffs were used and did not take a position for or against the decision. Asked about the appearance of impartiality, Rich told reporters that all of the proceedings would be handled fairly and that prosecutors would work to ensure Perez’s legal rights were upheld throughout the case.
Lori Myles, a spokesperson for the Mobile County Sheriff’s Office, later confirmed that the engraved handcuffs were placed on Perez at the Mobile County Metro Jail, saying jail staff did so at the request of the Mobile Police Department. Attempts to reach MPD leadership for comment on the decision went unanswered.
During the hearing, Rich pushed back on the idea that the handcuffs would factor into any future change-of-venue argument, telling Knizley that raising the issue in court likely generated more media attention than the matter would have otherwise received. Knizley responded that he raised it solely to preserve a record of what happened.
“Whether someone thinks it’s fair or not, that’s up to the person forming the opinion. We’re not making that judgment,” Knizley said. “We’re only preserving the record as to how it may impact my client legally, because that’s the only way the court gets to know about that and the only way any appellate court would get to know about it in the future.”
Beyond the handcuffs, little new information about the underlying case emerged during Monday’s hearing. Investigators had previously indicated they expected Perez to enter a not guilty plea, and Rich said prosecutors have not yet decided whether they will seek the death penalty.
Rich did address lingering questions about whether additional people might face charges connected to Tuder’s death. Perez had been evading local authorities for several days before the fatal encounter, and he and his mother have already been charged with falsely reporting to police that Perez had been kidnapped and possibly killed during that time. Surveillance footage from a residence near a home Perez was known to frequent has also surfaced, showing him and another young man narrowly avoiding police just days before the shooting.
Investigators have said Perez was visiting someone at the Peach Place Inn when the confrontation with Tuder occurred but have declined to identify that person. Rich cautioned against assuming criminal liability simply based on association.
“Just hanging out with somebody doesn’t result in criminal charges,” Rich said. “We certainly are looking at all the facts and circumstances surrounding the people that were with Perez leading up to the incident, but just because you’re hanging out with someone doesn’t mean that you can be charged for hindering an investigation or harboring a fugitive.”
The case remains one of the most closely watched in Mobile County, coming less than a year after another Mobile Police Department officer was killed in the line of duty. Additional hearings, including next month’s preliminary hearing, are expected to shape how the case proceeds toward trial.