News

Actions

Garcia trial on hold after new court filings

CORP-Digital-Default-Image-1280x720-KMTV.png
Posted at 4:27 PM, Apr 20, 2016
and last updated 2016-04-20 17:30:10-04
Accused Creighton killer Anthony Garcia's trial is on hold indefinitely after his defense attorneys filed a new round of motions. 
 
Attorneys Robert Motta and Jeremy Jorgenson filed a motion to disqualify Douglas County Attorney Don Kleine from the case, citing a conflict of interest because he acts in the dual role as county prosecutor and coroner. The defense claims because the medical examiner who assisted Kleine in his investigation into the deaths of Thomas Hunter and Shirlee Sherman is incompetent to testify due to illness, Kleine's role as prosecuting attorney magnifies the conflict of interest.  The defense motion also asks the court to appoint a special prosecutor to the case.
 
The defense also filed an notice to make a motion to the Nebraska Court of Appeals to reverse orders to permit former attorneys Dan Stockmann and Jeffery Leuschen to withdraw from the case, and the orders that removed Alison Motta from the case.