PHOENIX (AP) -- Attorneys for a man charged in some of the metro Phoenix freeway shootings last summer have lost their bid to interview Arizona Department of Public Safety Director Frank Milstead as part of the case.
Maricopa County Superior Court Judge Warren Granville says Tuesday that the request by Leslie Merritt Jr.'s lawyers to question Milstead during a deposition was premature.
Earlier this year, the judge denied Merritt's request to question Gov. Doug Ducey in a deposition.
Authorities say they used ballistic tests to tie Merritt to four of the 11 shootings and left the city on edge.
The investigation into the other shootings remains open.
No one was seriously injured.
Merritt maintains that he is innocent and has pleaded not guilty to the charges against him. He'll be back in court on April 26.
Judge denies Merritt's motion for deposition of DPS Director Frank Milstead, he will not be called to testify #fox10phoenix— Nicole Garcia Fox10 (@Fox10_NicoleG) April 12, 2016
State prosecutor argues Director Milstead cannot provide any necessary material or evidence in the freeway shooter case #fox10phoenix— Nicole Garcia Fox10 (@Fox10_NicoleG) April 12, 2016
In court now: attorneys for alleged freeway shooter arguing for judge to allow DPS director Milstead to be called as witness #Fox10Phoenix— Nicole Garcia Fox10 (@Fox10_NicoleG) April 12, 2016
Next court date in State v Leslie Merritt Jr is April 26 at 9:30 for motion to modify release hearing.— MC Superior Court (@courtpio) April 12, 2016