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Before the Alcoholic Beverage Control board gave the go-ahead for DC9 to reopen, they tried to get a look at Ali Ahmed Mohammed‘s homicide investigation.The administrators subpoenaed information related to MPD’s still open case, but Attorney General Peter Nickles ran interference by filing a motion to quash the request.

“The subpoena requests the production of a copy of all MPD documents related to a homicide that occurred on October 15, 2010 at 9th Street and U Street N.W., Washington D.C.  for a summary suspension hearing to be held on December 1, 2010 at 10:00 a.m.” the motion reads. “The subpoena should be quashed because the requested documents are confidential under the law enforcement privilege.”

The board wanted to view the documents because it was pondering DC9’s liquor license suspension, but the motion to quash was granted. Cops originally contended that employees of DC9 beat Mohammed to death after he threw a brick through the nightclub’s window. The employees were arrested for murder. Those charges were eventually downgraded and then dropped, but not without a catch. Prosecutors can refile later. “We have every faith that the U.S. Attorney will ultimately charge the party responsible for the tragic death of Ali Mohammed,” MPD said in a statement about the dropped charges.

Prosecutors have given the impression they’re waiting on the autopsy report. One strange thing about Nickle’s motion is that it lists what the confidential “investigative files contain,” and “autopsy reports” is listed, though it hasn’t been released.

D.C. Medical Examiner’s office  spokesperson Beverly Fields suggests the list might refer to items that are generally in an investigative file, instead of specifically in Mohammed’s. MPD hasn’t responded to an e-mail asking about the file.