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Since April, the officer who shot Walter Scott in the back and killed him, has been in jail, refused bail, held in isolation.

Even though Officer Michael Slager’s opponents have protested his release, that could all change today when his defense team makes its case at a bond hearing.

They will also be armed with new court documents obtained by CNN.

The documents include:

— A toxicology report that says Scott had cocaine and alcohol in his system.

— An analysis of blood found on Slager’s clothing.

— Reports from two lieutenants and the police chief, all stating that Slager told them that during a scuffle, Scott had taken his Taser and pointed it at him.

— Data from Slager’s Taser, which indicates it was fired six times in 67 seconds.

Attorneys for the officer believe they have the better legal argument and that the forensics are on their side.

They say all of Slager’s statements have been consistent since the shooting and that he was under attack by Scott.

They will argue that the officer had no way of knowing Walter Scott was unarmed because he never got a chance to frisk Scott.

They will also present enhanced video of the incident from the FBI appearing to show a quick scuffle proposing the video, which has been seen so far, does not show the entirety of the incident.

About the enhanced video Slager’s attorney said this to me last night on CNN.

“What it does is it add corroboration to Michael Slager’s story.  Michael Slager has always said that from the beginning that this is what’s happened and unfortunately all we have been able to see is one clip of the video and no one has ever seen the beginning…..  instead of scare people as to what happened rather than tell the full account of what happened that day.”

And when I asked him if all of the information from the FBI is true, why hasn’t it been presented until now, and did he think it was a concerted effort on the State and City’s part to diffuse civil unrest?

“Everything was not put forth the way it should have been. We have not been told the total story and I don’t know the answer to that Don.  I think the answer has to come from the State Law Enforcement Division.”

Walter Scott’s brother and attorney told me they think this is character assassination and that Slager’s statements have not been consistent.

“I don’t know what more there could be to the story and if he had drugs in his system I don’t see what difference that made of him running away unarmed and being gunned down the way that he was gunned down.”

Anthony Scott says the family is reeling right now but will be in court for today’s hearing, hoping Slager is not released.

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Don Lemon: New Evidence Could Free Cop Who Killed Walter Scott  was originally published on