Bates' attorney Clark Brewster said the testimony will support the justification of use of force — including taking Harris to the ground and using a Taser — and would concern law enforcement “weapon confusion.”

Musseman agreed to prohibit certain witness testimony and evidence regarding Harris’ criminal history.

Brewster had argued that the information was important to understand the level of danger and risk Bates and others on the task force had been instructed to expect from Harris.

Musseman said that evidence would be limited because they were “not here to litigate Mr. Harris.”

Defense motions

Brewster said he wanted to exclude certain statements from the audio of a video of the take-down and shooting of Harris.

Specifically, Brewster said he didn’t want jurors to hear audio of another deputy saying “f--- your breath” in response to Harris’ complaints that he couldn’t breathe as he was being subdued on the ground.

“Inflammatory” statements in the video may unfairly prejudice jurors against Bates even though they were said by other deputies, Brewster argued.