The night before the Anthony Garcia murder trial was set to begin, there are major questions about whether or not it will start on time.
Drama and delays aren’t new in this case but the most recent developments threaten to derail the start of the trial, three years in the making.
The reason why the trail start date could change, Garcia defense attorney Alison Motta made claims that new DNA evidence clears Garcia of 2 of the 4 murders. Fearing ethics violations, their local counsel withdrew meaning the Mottas had to find another local attorney to sign on.
Now, the Mottas say they found new local counsel lined up but Judge Gary Randall will make the ultimate decision.
This is a case local attorneys are watching closely.
“It's unusual, perhaps unfortunate,” said UNO law professor Michael Nelson.
“If he kicks the Mottas out of this trial, then that's going to delay the trial probably quite some time because whatever new attorneys they get are going to have to re-go over everything, from the beginning,” said Creighton law professor Michael Fenner.
Fenner said it’s possible Judge Randall could find the Mottas in contempt of court, issue a find and start the trial.
“The other side of that might be that Judge Randall might be fed up with these people and doesn't want to try a serious criminal case with these kinds of people in the courtroom,” said Fenner.
Whenever the trial starts, it’s one law professors and attorneys will follow and study for years.
“This will be a case that the legal community and our community at large will certainly be interested in following as it proceeds,” said Nelson.
There is a pre-trail meeting with Judge Randall at 9a.m. at the Douglas County Courthouse.