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Order still pending on how to search murdered journalist Jeff German's devices

Judge Michelle Leavitt was expected to rule on the matter on Wednesday.
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LAS VEGAS (KTNV — Former Clark County public administrator Robert Telles and state prosecutors argued in court on Wednesday as Telles made more accusations of misconduct related to his murder case.

Telles is accused of murdering Las Vegas Review-Journal investigative reporter Jeff German.

RELATED LINK: 13 Investigates: Email timeline may show motive for reporter's murder

In court Wednesday morning, Telles spoke before District Court Judge Michelle Leavitt for nearly 15 minutes asking her to grant him evidence he claims will prove him innocent and prove police misconduct.

"There's absolutely no good faith [or] reason why LVMPD and the DA's office deny a defendant's constitutional right," said Telles in court. "The cover-up is more evidence of misconduct in their case."

RELATED LINK: Robert Telles claims he was framed

Judge Leavitt said there are laws prohibiting him from seeking access to certain information.

"You understand you're only entitled to what the statute indicates," said Leavitt told Telles. "Your discovery in a criminal case is governed by statutes and case law."

Telles then accused Leavitt of "obstruction of justice" for not allowing him get materials he's requesting.

Meanwhile, a prosecutor pushed back on Telles' claims stating he was inexperienced in criminal law.

"Clearly, Mr. Telles has no understanding of how discovery is turned over in a case," said a prosecutor in court. "The defendant doesn't practice criminal law but then he spits out things like conspiracies."

In other evidence matters, Leavitt was expected to make an order on Wednesday on the best protocols to search Jeff German's devices.

The Las Vegas Review-Journal and Las Vegas Metropolitan Police Department filed competing proposed orders to the court on this matter.

The Review-Journal and Telles filed a joint proposed order earlier this month asking for third-party special masters to independently search German's devices.

However, police and prosecutors want to search the content themselves.

"We didn't take anything from the RJ," police said. "The reporter's privilege was, is and always will be personal. It's not the RJ's devices. It's not their property. They're intervening in this matter when they have no standing to do so."

Currently, a temporary restraining order from the Nevada Supreme Court prevents officials from searching the devices shielding German's confidential sources.

"The state has an obligation to the family, to the victims and to the public to find every bit of evidence that is relevant in this case," police said.

The state was for Metro's proposed order stating the newspaper shouldn't be involved in how German's phones are searched.

"All Metro is trying to do is what they do in every other homicide investigation," said a prosecutor. "We believe Metro's proposed order offers a level of confidentiality where if there's information out there that is sensitive to the RJ, both parties are bound not to disclose it."

The Review-Journal claimed Metro's proposed order goes against the temporary restraining order placed by the Nevada Court of Appeals.

"The protective order that Metro and the state are offering is wildly inadequate," said the Review-Journal.

The Review-Journal argues their proposed order would protect all parties involved.

Leavitt ended the hearing saying she will be circulating a draft order and give parties an opportunity for objection.

A final order is pending.

Telles is scheduled to be back in court July 5.