NEW ORLEANS (WVUE) – A former New Orleans Police Department sergeant accused of defrauding the department and taxpayers by submitting fraudulent timecards says in a new court filing that federal prosecutors are attempting to hamper his defense.

Todd Morrell asked US District Judge Jay Zainey on Tuesday (Oct. 29) to deny a motion from the government that could restrict or force him to prematurely reveal defense strategy in his upcoming wire fraud trial, scheduled to begin Dec. 9.

Morrell, through his attorneys, opposed a final pretrial motion from federal prosecutors that asked Zainey to preclude inadmissible hearsay evidence.

Morrell says such an order would restrict his ability to “argue, imply or present testimony that Morrell’s immediate supervisors at NOPD, the Fair Grounds or both tacitly or expressly told him it was permissible to submit false and inaccurate timecards and timesheets.” Morrell did not concede that he would attempt to make such a defense, but argues against such a pretrial restriction.

“At best, the government’s motion should be denied as premature, because it seeks a ruling on hypothetical evidence that may not be introduced at trial,” Morrell’s attorneys wrote. “Morrell, for one, has no intention of presenting evidence that he submitted intentionally false or fraudulent timesheets, but reserves the right to prove to the jury that he otherwise complied with his employers’ policies, should he mount a defense.

“At worst, the government’s motion is an inappropriate attempt to prematurely draw out Morrell’s evidence and defense theories, which he is not obligated to disclose.”

It is unclear when Zainey will rule on the motion, but the final pretrial conference in the case was scheduled and held on Oct. 24.

Morrell was indicted Jan. 11 on 12 counts of wire fraud, following a Lee Zurik Fox 8 investigation that showed the officer spending time at home or taking part in activities at NOLA Motorsports Park on the West Bank, while claiming on timecards to be working shifts for NOPD or private security details including the Fair Grounds Patrol.

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Morrell has pleaded not guilty to the charges.

His attorneys Billy Gibbens and Ian Atkinson wrote that the federal government’s motion would exclude “relevant evidence about Morrell’s understanding of his employers’ policies.”

“Just as relevant are statements by others showing how Morrell came to understand his employers’ timekeeping policies,” they wrote. “Because the government must prove fraudulent intent, Morrell’s understanding of NOPD’s and the Fair Grounds’ timekeeping policies is central to the case.

“Statements by others that informed Morrell’s understanding of NOPD’s and the Fair Grounds’ policies would be admissible not for their truth — ie, what his employers’ policies were — but to demonstrate Morrell’s good faith understanding of his position, a fact clearly relevant in this wire fraud case and central to Morrell’s defense.”