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Garcia trial remains in legal limbo

Posted at 12:22 PM, Apr 04, 2016
and last updated 2016-04-04 13:22:02-04

The trial of accused Creighton killer Anthony Garcia remains in legal limbo after a hearing Monday morning.

The judge is considering whether to allow Garcia's Chicago-based attorneys to remain on the case, or to remove them. KMTV Reporter Emily Szink was in the courtroom and has more.

Today Judge Gary Randall heard a motion to add new Nebraska defense lawyers to the Motta's team after their original team withdrew last week. Judge Randall says he took today's arguments into advisement but no decision was made this morning.

Last week he granted a motion to allow the Nebraska attorneys who had been working with the Mottas during the Anthony Garcia trial to withdraw from the case due to ethical issues. In order to practice law in the State of Nebraska, the Mottas, Chicago based lawyers need to have Nebraska counsel on their team.  They have since found new legal counsel to work with.

Douglas County Attorney Don Kleine says it is a privilege to practice law in this state and he believes the Mottas have not been ethical throughout the case and should not be granted this privilege.

Both the defense team and prosecution declined to comment after this morning's hearing. Kleine says he has no idea when the judge will make his decision.

Garcia is accused of killing Thomas Hunter and Shirley Sherman in 2008 and Dr. Roger Brumback and his wife Mary in 2013.  Jury selection for Garcia's trial was scheduled to begin Monday.