The lawyer acting for the father of Toulouse gunman Mohamed Merah says she has two videos taken during the police operation at his apartment that ended with his death.
His father has hired Zahia Mokhtari to sue French special police over his son's death.
She told Reuters television:
"(In these videos) one was able to see that he was surprised by this operation against him because in the video he was addressing the French security forces saying: 'why are you killing me? I am innocent, you have betrayed me.'"
Hatim Ibn Ziaten today attended the funeral of his brother, a French soldier shot dead by Mohamed Merah in Toulouse last week.
Speaking at the funeral he said: "It's incomprehensible, it's unimaginable. Terrorism doesn't understand this. And above all we must not confuse Islam and fanaticism. They have nothing to do with one another."
A French soldier who was killed in the recent shooting spree in Toulouse was buried today in his home town in Morocco with thousands attending the ceremony.
The burial in M'diq for Imad Ibn Ziaten, who had been stationed as a paratrooper in Toulouse, was also attended by France's minister for military veteran affairs and several French military officers.
Ziaten was shot by Mohamed Merah, who also killed six other people in a series of attacks, claiming to be an Al-Qaeda member killing to avenge Palestinian children and punish France for sending troops to Afghanistan.