Mottas withdraw at Creighton Killer's attorney

Posted at 5:13 PM, Aug 31, 2017
and last updated 2017-08-31 18:24:52-04

A big change in the Anthony Garcia case; the attorneys who defended the Creighton Killer will no longer represent him.  Douglas Co. District Court Judge Gary Randall grants a motion by Bob Motta Jr. and Bob Motta Sr. to withdraw as attorneys for Garcia.


They began representing him in the summer of 2013, but Garcia stopped talking to them weeks before the 2016 quadruple homicide trial.  He murdered Thomas Hunter and Shirlee Sherman in 2007 and Dr. Roger and Mary Brumback in 2013 as revenge for being fired from the Creighton Univ. Pathology Department.


The Nebraska Public Advocacy Commission will take over full control as defense counsel for the death penalty phase.


"It's actually I'm relieved, it was a very hard case on my family, on my practice, it was tough, it was very draining," Motta Jr. described.


When asked in court if he objected to the motion, Garcia wouldn’t respond.


"Doctor you're sitting there with your eyes closed you did not stand when the court came in, you always have in the past. I'm aware that you can hear and I'm aware that you can speak,” Judge Randall explained.  "So if you want to be heard on this matter you need to speak up now sir."


When Garcia didn’t say anything, Judge Randall said, “I will take your silence as agreement."


Judge Randall tells attorneys the death penalty hearing will be on November 30.  Attorneys for the commission say they'll work hard to be ready for that date.