Brian Sokoloff, the lawyer representing Hess, declined Tuesday afternoon to comment on the gag order.
The parties met Tuesday at the U.S. District Court in White Plains in front of Judge George Yanthis. A discovery hearing was held, but no decision was made on the order. A timeline for the decision has not been determined.
Angella Henry, the mother of the former Pace University student, released a statement on Facebook Monday night in regards to the gag order sought by the defendents.
"They were able to go public with their 'story'," Henry wrote. "But now they want us to be quiet as we get closer to the truth."
Throughout the lengthy and ongoing trial, Henry's family and their lawyer, Michael Sussman, have been vocal about findings. Last week, the group held a press conference in Tarrytown at which they said the sworn deposition of Mount Pleasant Police Chief Louis Alagno showed the chief knowingly provided misleading information to the public shortly after Henry's death.
Many documents and pieces of evidence related to the trial are made available to the public on Sussman's website. Sussman was not immediately available for comment Tuesday afternoon.
In October 2010, Henry was shot and killed by Officer Hess through the windshield of his car while Hess sprawled on the hood of the car. The fatal shooting occurred in the parking lot of the Thornwood Shopping Center following an unrelated incident that spilled out from a nearby bar.
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