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A former attorney for Robert Battle, an East Chicago city councilman accused of murder, is fighting a subpoena to testify at Battle’s detention hearing Wednesday.

Walter Alvarez filed Monday afternoon in U.S. District Court in Hammond a motion to quash the subpoena from the government. Alvarez says in his motion he is scheduled to attend another court hearing at the same time as Battle’s detention hearing. He also notes he did not receive the subpoena until Monday.

Alvarez represented Battle when police started investigating him in the shooting death of Reimundo Camarillo Jr. in October. When Battle was charged in Lake County Superior Court with murder, police said in the probable cause affidavit that they went to Alvarez’s office after they heard Battle wanted to turn himself in.

Alvarez told police that Battle and Camarillo were talking in an alley when Camarillo pulled out a knife. That’s when Battle shot Camarillo, Alvarez told police.

According to the affidavit, after a door in Alvarez’s office opened, police saw Battle sitting in the lobby and eventually heard him describing the shooting, including that he and Camarillo did not struggle.

Although Alvarez initially represented Battle, he has not filed an appearance since Battle was charged.

Although Battle was initially charged in Lake County, the case has since been moved to U.S. District Court in Hammond, where Battle is charged with several drug counts along with killing Camarillo. He has pleaded not guilty and is being held without bond pending the detention hearing on Wednesday.

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