Q: Is there a prosecutor at a pre-warrant hearing? If not, who is in the courtroom, please?
The police report states there are photos, but the PIO for county will not provide those nor the body cam to me for my defense siting OCGA 50-18-72(a). I'm told the prosecutor will provide them. If my accuser (the plaintiff) is the "prosecutor" and we have a mutual restraining order, how do I get the photos/body cam so I may defend myself?
A:
Typically, there is no prosecutor at a warrant application hearing. To get what you want, you will need to go to the magistrate court's office and obtain two subpoenas; one, a "subpoena ad testificandum" to serve on the officer who was at the scene to make him/her appear at court, and a "subpoena duces tecum" where you demand that the officer bring with them any photos/videos/documents they have in their custody/possession. I would then call the local police department and ask where to send those subpoenas, and then send them out via certified mail. Make copies of whatever you send so you can show the court what steps you took should the officer not show up or bring the requested materials.
Good luck!
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