Death penalty hearing for Anthony Garcia delayed

Posted at 8:56 AM, Mar 30, 2017
and last updated 2017-03-31 10:14:38-04

The death penalty hearing phase for convicted killer Anthony Garcia was delayed on Thursday.

Judge Randall appointed the Commission of Public Advocacy to be co-counsel for Garcia after a filing late Wednesday night by the defense team.



Garcia was convicted of killing Thomas Hunter and Shirlee Sherman in 2008 and Dr. Roger and Mary Brumback in 2013.

This week, a judge deemed Garcia was competent to have the hearing, even though his defense team said he hasn't talked to them since before the trial.  It's the third time he's had his competency evaluated since he was arrested in 2013.

Sherman's family feels it's more stall tactics.

"That should say enough in itself it's going on 10 years the frustration level is high,” said Dan Waite, Sherman’s brother. "Hearings were delayed, you have all this last minute stuff, not being prepared, it just all seems to be tactical to draw this thing out."

Attorneys have asked for money for a psychiatrist to testify at the hearing to Garcia's mental state before the murders and during the commission of the crimes.

“That's the only thing that would convince a three judge panel to say he you know what horrible crimes but the guy's not well mentally.  It's got to be looked at period,” Garcia’s Defense Atty. Bob Motta Jr. explained.

The judge was concerned about the lack of progress since trial.

“It’s been 5 months and you folks have gone forward with really very little, it’s quite disturbing to the court, and the money factor isn’t a factor.  I mean you got hired privately,” Judge Randall noted.

The Commission of Public Advocacy will have to go through the entire trial, evidence, and transcript and come up with their own conclusions, and strategies.  Kleine says it could be months before another death penalty hearing is scheduled.