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Aug 10, 2013 08:42 AM EDT

The family members of Andrea Rebello, a  21-year-old Hofstra University student who was accidentally killed by a veteran policeman during a home invasion have filed a petition in Nassau County Court, urging the judge to release the autopsy file of the intruder, Dalton Smith.

On May 17, Rebello, a Tarrytown resident, was killed as she was held in a headlock by the 30-year-old Smith at her off-campus Uniondale home. A Nassau County police officer fired eight shots at Smith of which seven shots struck him and one struck Rebello, killing both.

Michael Baden, a forensic pathologist, hired by the Rebello family, said that it's 'forensically necessary' to get access to the records 'to help the family understand the circumstances.' The reports including information on bullet trajectories could 'affect any future litigation.'

John Ciampoli, a Nassau County Attorney, said that since Smith's autopsy results might contain medical information, it could cause privacy issues. As a result, a court order is required to release the documents.

"They have rights too," Ciampoli said. "We have to honor everybody's rights."

According to USA today, Rebello's twin sister Jessica Rebello, also filed a notice of claim stating that she was harassed and detained by officers after the May 17 shooting.

Follows family, slain, hofstra, junior, intruders, autopsy, report, members, Hofstra University, 21, Andrea Rebello, veteran, police
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