LOWELL — The attorney for Billoeum Phan is asking a Middlesex Superior Court judge to order a restaurant and bar in Woburn to turn over surveillance video and business records from the date State Police Sgt. Scott Quigley allegedly drank before a fatal head‑on crash — evidence he says could reveal misconduct by law enforcement figures tied to the Phan brothers’ murder case.

In a motion filed on Wednesday, attorney Lorenzo Perez asked the court to compel Teresa’s, located near the Middlesex Superior Court in Woburn, to preserve and produce “any and all video recordings” and business records from Dec. 12, 2023, the date Quigley crashed his cruiser, killing 37‑year‑old Angelo Schettino.

Perez wrote that the footage is “material, relevant, and potentially exculpatory evidence,” arguing it could identify “troopers, prosecutors, or support staff” who may have been drinking with Quigley before the crash — individuals who could become witnesses, subjects of investigation, or potential impeachment targets at trial.

The motion relies in part on a recent disclosure from the Middlesex District Attorney’s Office, which stated that a “non‑sworn, non‑attorney employee” reported hearing during late spring or early summer of 2024 State Police Lt. Anthony Delucia say he had learned Quigley’s blood‑alcohol level was .11 and that Quigley had been at Teresa’s with another trooper prior to the crash.

Perez argues that identifying that trooper — and anyone else present — is key to determining whether they were “percipient witnesses,” whether they “aided and abetted such criminal conduct,” or whether they were “co‑conspirators and accessories after the fact.”

He wrote that the evidence could also support the defense’s effort to introduce extrinsic evidence to impeach “one or more critical witnesses at trial,” particularly given Quigley’s role as the lead investigator in the Phan case.

Billoeum Phan and his brothers, Billy and Channa Phan, each face life in prison without the possibility of parole after being charged with first-degree murder in the September 2020 shooting death of 22-year-old Tyrone Phet of Lowell.

This will be the second trial for the Phan brothers, after their first in November 2024 ended in a mistrial when the jury could not reach a unanimous verdict.

GPS data disclosed in discovery shows Quigley was at Teresa’s roughly nine minutes before he drove his cruiser across the center line on Lexington Street in Woburn and struck a van carrying Schettino, a special needs man, home from a medical appointment.

Quigley was traveling 59 mph in a 30 mph zone at the time of the impact.

Schettino died about a month later.

The Phan brothers defense team, which also includes attorneys William Dolan representing Channa, and Mark Wester for Billy, argues the crash — and the way it was handled — raises questions about who in the Middlesex District Attorney’s Office and State Police were involved in an alleged coverup, as no full investigation occurred at the time.

“Their job is to investigate Trooper Quigley, not to visit him at the hospital and give him flowers, but to detect if there is an odor of alcohol while they’re visiting,” Perez said.

It has been established that Delucia visited Quigley at the hospital, and that crime scene services were never called to the crash site despite the severity of the collision.

Cruiser‑camera footage released in discovery captured State Police Lt. Jennifer Penton — then a sergeant assigned to investigate the crash — discussing being discouraged by her superiors from going to the hospital to speak with Quigley. She ended up not speaking to him until eight days later. He was ultimately issued a written warning.

“They don’t even want me to come, like I’m not freaking IA,” Penton said in the footage, using the abbreviation for internal affairs. “They’re looking out for him. Maybe they know it was his fault, and they’re like, ‘Woah woah woah, let’s just wait.’”

“Anything that happened before that crash, and any coverup … that’s relevant to this case,” Perez said about the Phan murder retrial. “If you were in the jury and heard these homicide investigators didn’t investigate their own homicide … that’s big.”

Perez’s motion seeks to have Teresa’s turn over any remaining surveillance footage from Dec. 12, 2023 — video Perez acknowledged is unlikely to still exist — along with business records that could show what was ordered, how many drinks were served, and who paid for them.

He noted those records must be kept for at least seven years.

“Perhaps we have Trooper Quigley’s credit card receipts, what he was drinking, and how many drinks, and that could lead to a person’s name on the receipt who was the wait staff, so now we have a witness who we can interview,” Perez said.

The question of who the trooper was at Teresa’s — and the identity of the “non‑sworn, non‑attorney employee” who reported hearing about Quigley’s .11 blood‑alcohol level — was also raised by Perez during a hearing in Middlesex Superior Court in Lowell on Friday.

“They are free to interrupt me and tell me who that witness is,” Perez said, turning toward prosecutors. “They can also tell me who the trooper was who was drinking with Trooper Quigley that night. It could have been another trooper in this case.”

He added it could also have been a prosecutor.

Middlesex Assistant District Attorney Casey Silvia responded that the employee was the office’s director of operations, “essentially a facilities manager,” and “not somebody who investigates cases or handles cases or knows anything about cases.” She said the trooper referenced in the disclosure was also “not a member of the prosecution team.”

She added that their names would be released if the court orders it.

Also on Friday, Judge Christopher Barry‑Smith went over the unresolved issue of whether an evidentiary hearing is needed to determine “whether there was egregious prosecutorial or police misconduct” and whether any such misconduct “irremediably harms the defendant’s right to a fair trial.” The hearing is part of the defense’s motion to dismiss the charges against the three brothers.

Defense attorneys are seeking the evidentiary hearing with 19 witnesses — including Quigley — to examine whether the Dec. 12, 2023 crash was properly investigated and when prosecutors or State Police personnel knew about Quigley’s alleged misconduct.

Barry‑Smith signaled he may wait for the outcome of the Suffolk County grand jury, which is weighing possible criminal charges against Quigley for the crash. That could delay the current April 27 retrial date.

He noted the risk of new disclosures emerging days before trial, saying that if the court proceeds now, “that’s quite likely to happen.”

Silvia said the commonwealth opposes an evidentiary hearing and is prepared to go to trial.

“We are not in any way trying to minimize the conduct or the alleged crimes committed by Quigley, but this is not the forum that it should be explored in,” Silvia said.

She added that the fatal crash occurred three years after Phet’s murder and about two years after the Phan brothers were indicted, and further stressed that Quigley will not be called as a witness in the Phan retrial.

Another hearing will be held at 10 a.m. Friday to decide whether to hold an evidentiary hearing now, delay it, or expand its scope. Barry-Smith said he will also address a motion for a bail hearing for each of the Phan brothers.

Follow Aaron Curtis on X @aselahcurtis, or on Bluesky @aaronscurtis.bsky.social.