HOUSTON – The Harris County Attorney is trying to block a move by the attorney for Deputy Darren Goforth's suspected killer to get the fallen lawman's personal and business credit card receipts over a three-month period.
"The records are neither relevant nor material to the defense of this case... the request is overly broad and constitutes a fishing expedition...an unnecessary invasion of privacy rights," Assistant County Attorney Wells wrote in his court motion.
Goforth was killed on Aug. 28 at a gas station on the 16000 block of West Road. Shannon Miles is charged with capital murder in the case.
The defense team for Miles is trying to establish that Goforth was not working in his official capacity as a Harris County sheriff's deputy when he was shot to death, according to KPRC 2 legal analyst Brian Wice.
The receipts are an attempt to help establish that, Wice said.
A court document, known as a Brady Disclosure, earlier filed by prosecutors revealed Goforth and a woman may have been in a relationship for more than 15 months at the time he was killed.
That supposed relationship may be the cornerstone of the defense's argument that Goforth was at the gas station to meet the woman, not in his official capacity as deputy.
Goforth was in uniform and arrived at the gas station in his patrol vehicle the night he was killed.
A judge is expected to rule on the motion in early November.
On Monday, Judge Denise Collins recused herself from the Goforth murder case. The reason for the judge's decision is not known.