Douglas County Attorney Wants Garcia's...

Posted at 11:19 PM, Mar 30, 2016
and last updated 2016-03-31 00:19:45-04

Anthony Garcia’s defense team could be thrown off the case, after Garcia’s attorney, Alison Motta broke the judge’s orders not to speak to the press about the case.

Motta made a strong statement to KMTV earlier this week, saying the DNA analysis could exonerate Garcia from the Creighton murders in 2008.  

 “This evidence conclusively exonerates Anthony Garcia and shows that it cannot be a coincidence the two manners of killing being signature like and the crossover between the two scenes of the same two suspects,” Motta told KMTV earlier this week.

CA Don Kleine from the Douglas County Attorney’s Office says Motta’s comments are “inaccurate and a reckless disregard for the truth.” His office will go before a judge Thursday afternoon and demand that the Mottas be taken off the case, a move that could delay the trial.

Michael Fenner, a Constitutional Law professor at Creighton University says Motta’s comments were premature and should have been argued in court. He added that Motta’s outbursts may have been a technique from the defense to try and stall the trial.

Even if the judge does not postpone the murder trial, Fenner says this new information opens the door for a possible appeal down the road.

“If the defendant is convicted, then the defendant can appeal that conviction and allege that some error was made in the trial and can get the conviction reversed and sent back for a new trial. So part of what Judge Randall has to decide is how much jury prejudice is likely to come from this,” explained Fenner.

The Mottas office did not comment on Kleine’s motion.