Motion filed to dismiss charge against Noor Salman on 1 year anniversary of Pulse attack

ORANGE COUNTY, Fla. — As the community came together to celebrate Orlando United Day in honor of the 49 people killed inside the Pulse nightclub one year ago, the attorney for Pulse shooter Omar Mateen's wife, Noor Salman, filed a motion that could throw one of her charges out, Channel 9's Karla Ray learned.

Attorney Charles Swift filed the motion to dismiss count two of the indictment, which is the obstruction of justice charge, for lack of proper venue.

The motion claims because the alleged obstruction took place in South Florida, that particular charge cannot be tried in Florida’s Middle District.

“The likelihood is, they’re not going to be successful,” WFTV legal analyst Bill Sheaffer said. Sheaffer read over the 23-page motion, which does not make the claim that no obstruction occurred.

A scheduling order shows the defense’s deadline to file the motion coincidentally fell on the one-year anniversary of the terror attack. When Eyewitness News asked Swift why he waited until June 12, he simply said he waited until the day of the deadline.

"The defense is just chipping away at the case, that’s what the defense does. You hope you can chip away enough that either you win the case, or limit liability,” Sheaffer said. “You could read something symbolic into it, but I do not believe that's what was intended.”

The motion does not mention anything about the more serious charge Salman is facing of aiding terrorism.

Cox Media Group