LOUISVILLE, Ky. — Lawyers for Brett Hankison are asking for a hearing regarding their requests to get evidence from Breonna Taylor’s phone in the former Louisville police officer’s retrial in federal court.

Hankison’s attorneys filed a motion to compel on July 5, seeking evidence from a gold iPhone 11 Pro Max owned by Taylor that they say is with the Kentucky Regional Computer Forensics Laboratory. They believe it could contain data relevant to the case that would show Taylor was not innocent or was connected to illegal activity.

His attorneys say they attempted to gain access to the phone but were “misled” by the government.

Federal prosecutors in charge of Hankison’s prosecution responding to the motion on July 17, said the motion was untimely and irrelevant to the case. They also said the motion to compel “fails to identify any tools that could safely and successfully extract information from Ms. Taylor’s phone.” According to prosecutors, the FBI reported the condition of the phone when it was turned over to their labs meant no data could safely be extracted.

Hankison’s attorneys responded on July 31, requesting a hearing so the defense could present “witnesses, exhibits and arguments” to support their motion to get access to the iPhone. They want her phone to be handed over to their own expert to confirm there is no safe way to access the data.

On Aug. 1, U.S. Attorneys reiterated despite the phone not being relevant to the case, they have already attempted to unlock the phone but couldn’t because of its condition, and that they have used the same expert defense attorneys now want to use to unlock it. They are requesting the court to dismiss Hankison’s motion to compel in the trial.

This is the second attempt to retry Hankison after a mistrial was declared last year in the case over his role in the botched raid on Taylor’s apartment. Hankison is the only officer who fired his weapon the night of the raid to be criminally charged. Prosecutors determined that two other officers were justified in returning fire after one was shot in the leg by Taylor’s boyfriend. Hankison fired 10 shots the night of the deadly raid but did not strike anyone. His shots went into Taylor’s apartment and into a neighboring unit, where a child was sleeping.

The federal trial is scheduled to begin Oct. 15 in Louisville.