Anthony Garcia's brother says he's innocent,...

Posted at 4:45 PM, Apr 25, 2016
and last updated 2016-04-25 18:58:14-04

Monday morning, Fernando Garcia visited his brother Anthony Garcia at the Douglas County Jail. Fernando says the family hasn't spoken up since his arrest because they believe in the justice system, but now they say one side isn't playing fair.

Anthony Garcia is accused of killing Thomas Hunter and Shirlee Sherman in 2008 and Dr. Roger and Mary Brumback in 2013.

"If you've ever talked to my brother you'd realize you're not talking to a monster or serial killer,” Fernando explained. "The prosecution has been adamant about not telling the whole truth.  (Douglas Co. Attorney) Don Kleine is committed to telling you a story but he's leaving out key facts and information."

Garcia says a key prosecution witness has recanted her story, pieces of a firearm found at the Brumback scene could match many guns other than just Anthony’s, and that evidence points to Charles Simmer being involved in the 2008 Dundee murders not his brother.

A judge removed Alison Motta from defending Garcia because of statements she made about DNA exonerating her client.  They've appealed to the Nebraska Court of Appeals.

Fernando says even with a possible long delay they still stand behind the Motta's.

“The work that my brother's attorneys have done has only revealed what we've always felt, that he's innocent,” Fernando described. "We did not want to go to the Nebraska Supreme Court and delay it further but they left us no choice."

Prosecutors say Garcia committed the murders because he was terminated from the Creighton University Pathology Department in 2001 and was angry he couldn't find work.

Fernando says the motive is ridiculous since Thomas' father, Dr. William Hunter, recommended him for a job after the termination.

"So to say that he held this grudge that prevented him from working in his profession and earning a living that's a complete lie.  Did it prevent him from getting jobs other certain places?  Yeah, but he always had a job.  He had a good career,” Fernando noted.

The trial has been indefinitely delayed until the court of appeals decision is made.

KMTV Action 3 News reached out to Don Kleine for comment, but has not heard back.