The defense team for a suspect charged in the fatal shooting of a border patrol agent in Vermont more than a year ago has lost its bid to change how certain records are screened before determining whether they can be released to the government.

Lawyers for Teresa Youngblut, in a new court filing Monday in federal court in Burlington, called on Judge Christina Reiss to change the system set up last fall to protect against the disclosure of privileged or protected pretrial detention records to prosecutors.

They cited an instance where they alleged that the government had inadvertently “received and reviewed” certain information due to issues with the screening system established last fall. The protocol was put in place to protect “privileged’ records, such as attorney and client communications, as Youngblut remains detained awaiting trial.

“Because of that lapse, the government has received and reviewed privileged information regarding the identity of a member of the defense team,” the defense filing stated.

The filing later added, “These failures demonstrate that the Protocol is insufficient to protect Youngblut’s constitutional and evidentiary privileges in this capital case.”

Reiss, in a ruling Tuesday afternoon, denied the defense request for a hearing to reconsider the system she put in place in September that created a protocol that included the court’s review of certain records.

“Defendant must identify authority for her contention that the identity of a defense team member is privileged,” Reiss wrote in her order.

“The purpose of the protocol is to prevent inappropriate dissemination of attorney-client privileged communications and attorney-client work product to the government,” the judge added. “The court reviewed the communications in question and determined that none of them fell within these categories.”

The defense filing this week follows another one earlier this month in which Youngblut’s attorney argued that evidence disputes a version of events from federal authorities about what led up to the deadly shootout in January 2025 in Vermont.

Youngblut, 22, of Seattle, faces several federal charges, including murder, in the fatal shooting of U.S. Border Patrol Agent David Maland during a traffic stop on Interstate 91 in Coventry on Jan. 20, 2025.

A passenger in the vehicle Youngblut was driving, Felix Bauckholt, a German national known as Ophelia, was also killed in the shootout.

Prosecutors have stated in court filings, if convicted, they will seek the death penalty for Youngblut. Vermont does not have the death penalty under state law. However, this case is brought under federal law where the death penalty is permitted.

Youngblut, who was arrested shortly after the shooting, has been held in custody without bail since in various facilities in Vermont and out of state.

Youngblut’s defense team has argued at earlier hearings in the case that strict protocols needed to be in place to prevent the government from obtaining records, such as certain medical and attorney and client privilege information, stemming from Youngblut’s detention.

Youngblut’s attorneys have said there was a need for a “heightened scrutiny” with the prosecution seeking their client’s execution.

Steven Barth, an attorney for Youngblut, could not be reached Tuesday for comment.

A spokesperson for the U.S. Attorney’s Office for Vermont, which is prosecuting the case, declined comment Tuesday, stating in an email, “The U.S. Attorney’s Office does not comment as a general policy on ongoing litigation, and will file our response on the docket when due.”

Youngblut and Bauckholt had been connected by law enforcement to a loosely linked group known as the Zizians, whose members have been tied to six homicides across the country in recent years.

The Zizians have ties to Bay Area communities of rationalists, a movement of philosophically-minded people who focus on logical reasoning and are interested in artificial intelligence and software engineering.

This story was first published by VtDigger and is republished with permission as part of the Vermont Journalism Trust’s Community News Sharing Project.