photo by: Contributed

Louise ImMasche as Dr. Frank-N-Furter in "The Rocky Horror Show."

The defense attorney for a man charged with murder in a crash that killed a local actor is asking the court to keep his client’s arrest affidavit under wraps, saying that it includes alleged admissions by his client as well as toxicology results and how fast he may have been driving.

Michael Clarke, who represents Eliseo Munoz, says in a motion to the court that the public does not need to see such “granular” information but should be satisfied with the charging document, which lists only general information such as charges, dates and the people involved.

“The public’s transparency interest is already substantially served by the publicly filed Complaint,” Clarke writes in his motion to Judge Stacey Donovan, adding that “the incremental value of the affidavit is outweighed by prejudice risk.”

Munoz, 24, is accused of second-degree murder and several other crimes related to the death of 41-year-old Louise ImMasche, who was killed in a head-on collision on the South Lawrence Trafficway on Oct. 24, 2025, after a performance of “The Rocky Horror Show” at Theatre Lawrence. The Kansas Highway Patrol said at the time that Munoz’s 2008 Chevrolet Tahoe crossed the center line and collided with ImMasche’s 2019 Kia Forte.

An arrest affidavit is a sworn document compiled by law enforcement officers that outlines why they believe they have probable cause to deprive a person of his liberty. Clarke argues that if the public were to see such allegations ahead of their being “tested” in court that Munoz would suffer “prejudicial pretrial publicity.” If the public were exposed to the information in the affidavit, they might accept the “unilateral allegations as established fact,” he wrote in his motion to the court.

Acknowledging that sensitive information could simply be redacted, Clarke asked that if the court would not agree to keep the affidavit completely hidden from the public that it would release a redacted version — one that would be “narrowly tailored to the least prejudicial information.” Specifically, he asked the court to redact things the defendant is alleged to have said, toxicology details and information related to “technical evidentiary assertions,” which would presumably include information such as his vehicle’s speed.

The Douglas County District Attorney’s Office has asked the court to release the affidavit to the public with only dates of birth redacted.

In addition to the murder charge, Munoz is also facing one count of circumventing an ignition interlock device, one count of reckless driving and one count of driving with a suspended or revoked license. He is also facing charges of a third DUI and driving while suspended in a separate case from March 2024. In that case, the charging document indicates that his blood alcohol level was 0.24, which is three times the legal limit.

Munoz is being held on a bond of $750,000 in the murder case. Prosecutor David Melton told a judge earlier this month that Munoz posed “an extreme risk to the public” if he were to be released.

After the wreck Munoz was taken to Overland Park Regional Medical Center with suspected serious injuries. He was not wearing a seat belt, according to KHP.

Court records indicate Munoz had multiple run-ins with the law as a juvenile in Douglas and Reno counties, including arrests for underage possession of alcohol and marijuana possession, as well as criminal trespass, interference with law enforcement, battery on a law enforcement officer, disorderly conduct, possession of narcotics and drug paraphernalia and attempted possession of stolen property.

Most of the juvenile offenses were “nonadjudicated” or dismissed. But two counts of interference were adjudicated via plea, as were a drug paraphernalia charge and conspiracy possession of stolen property. Other offenses related to drug, alcohol and paraphernalia possession and attempted possession of stolen property are listed as having ended in “other termination.”

ImMasche, who used they/them pronouns, was a well-known actor in area theatrical productions, including numerous shows at Theatre Lawrence. Though they lived in Kansas City at the time of their death, they had previously resided in Lawrence for many years.