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Judge still deciding whether or not Mottas...

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Posted at 4:33 PM, Apr 04, 2016
and last updated 2016-04-04 17:33:26-04

Judge Gary Randall has yet to decide whether or not Robert Motta Sr., Robert Motta Jr. and Alison Motta can represent Anthony Garcia during his first-degree murder trial.

A usually outspoken Alison Motta stayed silent after court. 

The Chicago based law team is currently unable to practice law in the state of Nebraska after two local defense attorneys withdrew from the case last Thursday claiming ethical issues.

Three Omaha attorneys have since offered the Mottas the use of their Nebraska law license.  On Monday, Judge Randall heard arguments about whether or not he should let that happen.  

“Let’s just let the judge make his ruling.  It’s under advisement, we don’t have any comment until we hear the ruling,” said County Attorney Don Kleine after Monday’s hearing. 

In court County Attorney Don Kleine argued that the Mottas have been far from ethical throughout the case.  Kleine referenced phony subpoenas, social media posts and most recently a comment made by Alison Motta to local media. 

“This evidence conclusively exonerates Anthony Garcia,” said Alison Motta in a phone interview.

Last week after Charles Simmer was charged with first degree murder in the 2007 death of Joy Blanchard, Alison Motta said DNA evidence linked Simmer to the Shirlee Sherman and Thomas Hunter crime scene. 

A DNA expert called by the prosecution testified in court Monday that the DNA is too mixed and you can’t declare a link between Simmer and Sherman. 

County Attorney Don Kleine says he wants the best representation for Anthony Garcia and the Mottas aren’t that.