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FILE - In this Oct. 14, 2014, file photo, a photo of Jose Antonio Elena Rodriguez, who was fatally shot by U.S. Border Patrol near the Mexico-U.S border, leans against a podium on a church altar during a memorial mass in Nogales, Sonora, Mexico. The attorney for the Border Patrol agent charged with second-degree murder in the fatal cross-border shooting of the Mexican teen is asking the court to bar video evidence, saying the agency didn't hold on to original copies of the footage. (AP Photo/Valeria Fernandez, File)

FILE - In this Oct. 14, 2014, file photo, a photo of Jose Antonio Elena Rodriguez, who was fatally shot by U.S. Border Patrol near the Mexico-U.S border, leans against a podium on a church altar during a memorial mass in Nogales, Sonora, Mexico. The attorney for the Border Patrol agent charged with second-degree murder in the fatal cross-border shooting of the Mexican teen is asking the court to bar video evidence, saying the agency didn't hold on to original copies of the footage. (AP Photo/Valeria Fernandez, File)

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