KVOA in Tucson, Ariz., reports today that defense attorneys representing two men facing trial for the murder of U.S. Border Patrol agent Brian Terry in 2010 want it explained to the jury just where the guns used in the murder came from. Two AK-47 rifles were found at the scene.

“In a homicide prosecution the source of the weapon(s) used to perpetrate the alleged crime is and always should be relevant. In an assault prosecution the source of the weapon(s) is and always should be relevant,” lawyers for Ivan Soto Barraza and Jesus Leonel Sanchez wrote Monday.

The letter is a response to U.S. Attorney Laura Duffy, who recently argued to the judge that invoking the “Fast and Furious” investigation would “serve no legitimate purpose because that connection is irrelevant to the charges against the defendants.”

Investigative reporter Sharyl Attkisson has been following the Terry murder since the beginning and tweeted last week that the federal prosecutor has filed a motion with the court that the defendants “should be precluded from mentioning Operation Fast and Furious.”

Included in a long, long list of missing or withheld government documents Attkisson recently compiled are emails between President Obama and former Attorney General Eric Holder regarding the Fast and Furious program.

Seven men were charged with Terry’s murder; others have taken plea deals rather than go to trial.

The trial is scheduled to begin Sept. 22 in Tucson federal court, with the judge expected to rule then whether to allow mention of the Fast and Furious gunwalking operation.

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