FAYETTEVILLE, N.C. — Michelle Theer's lawyer wants some investigative documents that he says could show his client is innocent of murder in her husband's death.

Kirk Osborn filed a motion asking a judge to issue subpoenas for records held by military investigators.

Osborn's motion was filed last week. It said the records are held by the Criminal Investigation Division of the 82nd Airborne Division and the Office of Special Investigations of the Air Force.

Osborn said he military investigators have witness statements showing that Theer was a loving wife and that the Theers had a good marriage. Osborn also wants statements that he claimed show Air Force Capt. Marty Theer's infidelity and his interest in other women.

Theer is charged with first-degree murder in the shooting death of her husband on Dec. 17, 2000. Her trial is scheduled to begin March 1, 2004.