Attorneys appear for pre-trial hearing as Theodore Edgecomb trial approaches

NOW: Attorneys appear for pre-trial hearing as Theodore Edgecomb trial approaches

MILWAUKEE (CBS 58) -- There were fireworks in a Milwaukee County courtroom Tuesday, Dec. 21.

Attorneys in the high-profile case of a bicyclist accused of fatally shooting a Milwaukee attorney appeared for a pre-trial hearing.

What the jury will see and hear will impact the verdict, so Tuesday was an important one. Decisions were made about evidence and witnesses who will be allowed in.

"I was told that there was a filter that was applied," said prosecutor Grant Ian Huebner.

That filter is being applied to a video by a defense witness.

Jurors will also hear from defense expert Dr. John Black. He testified in the Kyle Rittenhouse trial last month.

"I'm going to allow Dr. Black to testify. Again, we may need to discuss some of the particulars," said Judge Borowski.

Rittenhouse's attorneys requested a mistrial over a key piece of video evidence. The copy they received was of a lower quality.

Theodore Edgecomb's attorneys must turn the enhanced video over to the state three days from now. 

"I just don't want any surprises during the trial," said Judge Borowski.

"And that's what I'm going for," said Huebner.

"Hang on, I don't want the witness to be on the stand and then the state say 'Oh my god, I never saw that,'" said Judge Borowski. 

Judge Borowski also said Theodore Edgecomb's homicide and bail jumping cases be tried simultaneously.

The defense fought to separate them.

"The political climate these days -- we have the incident in Waukesha which happened and there's been a lot of stuff in the media about bond, bail jumping," said defense attorney Aneeq Ahmad. 

"The idea that these are not the same actor transactions is ludicrous. The defendant shot and killed the victim with a gun that two court orders said he shouldn't have," said Huebner.

Edgecomb, who was on his bike when the shooting happened, is claiming self-defense.

"You know, today we are very optimistic about what took place today in court today," said B'Ivory Lamarr, defense attorney.

Edgecomb's family sat behind him in court.

Outside the courthouse, you heard, "Free Theo, free Theo."

"Believe what your eyes tell you. That car followed the man. That car bumped, almost bumped him off the road. They continued to chase him down until there was a confrontation," said Justin Blake, Jacob Blake's uncle.

Jacob Blake's uncle and Justice Wisconsin called for the victim's wife to be charged.

She was behind the wheel when video shows her husband stepped out of the car to confront Edgecomb.

"Had she went home instead of taking orders from her husband to pursue him violently, he would be alive," said Elizabeth Brown of Justice Wisconsin.

Jury selection is expected to begin Jan. 3.

The Cleereman family sent us this statement through their attorney:

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