Police union attorneys sent subpoenas to Sack and to Gardner’s chief warrant officer, Chris Hinckley, to learn more about how the list of officers originated and how officers can appeal their inclusion on the list.

The circuit attorney’s office and a city attorney, representing the police department, fought to prevent questioning of Hinckley and Sack.

The reasoning behind the creation of the list is privileged information, the circuit attorney’s office said, suggesting they might be able to question the police department.

“Are you telling me an officer can’t find out why they’re on this list?” Judge Michael Stelzer asked Gardner’s Chief Trial Assistant Travis Partney on Tuesday.

Attorney Nikki Moody, who is representing one of the officers under the pseudonym John Doe, said Gardner’s office waived any privilege when it communicated with the police department about the list.

“It’s no longer an internal list when it’s shared with other departments,” she said.

Meanwhile City Attorney Michael Garvin argued Tuesday that the police department didn’t create the list so shouldn’t be questioned about it.