Niner
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Thank you @happy128 & @StarryStarryNight !! much appreciated!
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* #5
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borndem
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It's been a long wait, and the wait is not over, as we know.
Between Covid shutting down and/or slowing down trials in the NC courts, and this being a D.P. case, it's really no surprise IMO.
NC has not executed anyone sentenced to death since 2006, although there are 135 people on Death Row at this time.
-------------------------------------------------
The last person to be executed in North Carolina was XXXXXX XXXXXXX, who was put to death on August 18, 2006. 6 Since that time, there has been a de facto moratorium on executions, as a result of several related challenges to the death penalty system, some of which have now been resolved.
The Death Penalty in North Carolina: History and Overview
https://fbaum.unc.edu › articles › Welty-DP-overview
PDF
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Between Covid shutting down and/or slowing down trials in the NC courts, and this being a D.P. case, it's really no surprise IMO.
NC has not executed anyone sentenced to death since 2006, although there are 135 people on Death Row at this time.
-------------------------------------------------
The last person to be executed in North Carolina was XXXXXX XXXXXXX, who was put to death on August 18, 2006. 6 Since that time, there has been a de facto moratorium on executions, as a result of several related challenges to the death penalty system, some of which have now been resolved.
The Death Penalty in North Carolina: History and Overview
https://fbaum.unc.edu › articles › Welty-DP-overview
-------------------------------------------------
PommyMommy
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Nothing new on the court site, @Niner. I am sure looking forward to seeing something one of these times! MOOGot this in my alerts - but it says Forbidden to me... can anyone see this - and if so - give a 10% synopsis on it, please? Also - any dates would be great.
4 years later, still no trial in abduction, killing of Lumberton teen
Four years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on Nov. 5, 2018 in Lumberton.Agwpde.com
He does have a hearing for the 2018 kidnapping on 1/16/23, but the other charges including Hania's murder are still on 6/6/22.
@PommyMommy - anything new in the court site? I can give you the case #s if you need them. Everything - except #18CR055491 TIA!
Niner
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PommyMommy
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DEC 8, 2022
wpde.com
A trial date has finally been set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar back on Nov. 5, 2018, in Lumberton.
Robeson County District Attorney Matthew Scott said Michael McLellan will be tried on Sept. 18, 2023.
Scott said a hearing on Monday helped to determine the date.
[...]
A pre-trial hearing is expected to be held in mid-2023.
@Niner
Trial date set for man charged in brutal killing of Lumberton teen
A trial date has finally been set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar back on Nov. 5, 2018 in Lumberton.Robeson County
wpde.com
Robeson County District Attorney Matthew Scott said Michael McLellan will be tried on Sept. 18, 2023.
Scott said a hearing on Monday helped to determine the date.
[...]
A pre-trial hearing is expected to be held in mid-2023.
@Niner
PommyMommy
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DEC 8, 2022
www.wbtw.com
Michael McLellan is scheduled to go on trial on Sept. 18, according to Robeson County District Attorney Matt Scott. The date was set during a hearing on Monday.
The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same.
DEC 9, 2022
www.wbtv.com
McLellan was arrested in the case and charged with ten felonies, including first-degree murder, first-degree forcible rape and first-degree kidnapping.
The state has previously stated that it will seek the death penalty for McLellan.
Tentative September trial date set for man accused of killing Robeson County teenager Hania Aguilar in 2018
ROBESON COUNTY, N.C. (WBTW) — More than four years after Robeson County teenager Hania Aguilar was kidnapped and murdered, a tentative trial date has finally been set for her accused killer, …
www.wbtw.com
The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same.
DEC 9, 2022
Trial date scheduled for man accused of kidnapping, raping, killing Robeson County teen
Michael McLellan faces 10 felonies in connected to Hania Aguilar's kidnapping and death.
The state has previously stated that it will seek the death penalty for McLellan.
borndem
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Big thanks for the update, @PommyMommy!DEC 8, 2022
Michael McLellan is scheduled to go on trial on Sept. 18, according to Robeson County District Attorney Matt Scott. The date was set during a hearing on Monday.Tentative September trial date set for man accused of killing Robeson County teenager Hania Aguilar in 2018
ROBESON COUNTY, N.C. (WBTW) — More than four years after Robeson County teenager Hania Aguilar was kidnapped and murdered, a tentative trial date has finally been set for her accused killer, …
The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same.
DEC 9, 2022
McLellan was arrested in the case and charged with ten felonies, including first-degree murder, first-degree forcible rape and first-degree kidnapping.Trial date scheduled for man accused of kidnapping, raping, killing Robeson County teen
Michael McLellan faces 10 felonies in connected to Hania Aguilar's kidnapping and death.
The state has previously stated that it will seek the death penalty for McLellan.
D.P. cases are "complicated."
To wit:
The state hasn't carried out an execution since 2006, and ongoing appeals mean it likely won't for at least the next decade. Yet there are more than 140 pending capital cases in the state. Ten are scheduled for trial in 2023, according to the North Carolina Coalition for Alternatives to the Death Penalty.Dec 13, 2022
North Carolina's Not-Quite-Dead Death Penalty
https://www.theassemblync.com › Past Stories
Niner
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Friday, January 13th:
*Status Hearing (2018 kidnapping) (@ am session ET) – NC – Hania Noelia Aguilar (13) (abducted Nov. 5, 2018, found Nov. 27, 2018, in a shallow pond more than 4 feet deep off Wire Grass Road outside of Lumberton) - *Michael Ray McLellan (34/now 38) indicted (12/3/18), arrested (11/13/18), charged (5/14/19) & indicted (additional charges 5/17/19) with 1st degree murder, 1st degree forcible rape & statutory rape of a person under 15, 1st degree sexual offense & statutory sex offense with a person under 15, 1st degree kidnapping, felony larceny, felony restraint, abduction of a child & concealment of a death. Held without bond. DA will seek DP.
DNA found in car matched McLellan.
Trial was set to begin in June, 2021 continued until 2022 & continued on 9/18/23.
Court info from 12/7/18 thru 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Hania: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 am session.
7/1/22 Update: McLellan’s defense attorneys, Harold Pope & Geoffrey Hosford, asked for the full case file from the FBI’s lab records, including physical evidence such as DNA. Pope said the team has deployed a “company with forensic biologists, geneticists, DNA specialists” to review the evidence. The FBI already has released the lab report. “The company evaluates & assesses DNA evidence & that assessment is underway but in order for them to tell us their opinion regarding the validity of the testing we’ve received thus far, they need the underlying data, which is provided by the statute for discovery, not just the report but the underlying data,” Pope said. The items listed in the request are the full output from the FBI’s STRmix program used to interpret (DNA) results, all temporaneous FBI lab protocol standard operating procedures from DNA & zoology testing, FBI lab quality assurance manual, the most recent lab audit results & any and all photographs from investigating agencies, according to Pope.
11/10/22 Update: From article: Making progress on case & moving forward toward a trial. Turning over evidence in federal custody to McLellan's lawyers. He will have two attorneys representing him. Autopsy doesn't list specific cause of death but was likely a form of asphyxia.. was listed as homicidal violence of undetermined means. FBI assisted early on & charged with 10 felonies. Two investigators who lost their jobs following internal investigation because they didn't follow up with DNA evidence from a previous case.
12/5/22 Update: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (12/10/18) & indicted (1/7/19) with 1st degree rape & 1st degree burglary. $5M bond. Revoked (12/10/18). 2016 rape case
Court info from 9/9/19 thru 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Rape/Burglary: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 am session.
12/5/22 Update: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (2018) with 1st degree kidnapping, 1st degree force sex offense, statutory sex offense with child, larceny of motor vehicle, felonious restraint, abduction of children, concealed/failed to report death of child, 1st degree forcible rape & statutory rape of child.
Court info from 12/5/20 thru 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Sex offense: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 am session.
12/5/22 Update: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (10/15/18) & arrested (11/13/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon. (10/15/18 kidnapping case in Fairmont). $2.5M bond. 2018 kidnapping
Court information from 12/7/18 thru 9/3/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
2/23/22 Update: Kidnapping: Next am session for status hearing on 4/8/22. 4/8/22 Update: Next am session hearing on 9/9/22. 9/9/22 Update: Status hearing on 9/9/22 has been rescheduled on 1/13/23.
*Status Hearing (2018 kidnapping) (@ am session ET) – NC – Hania Noelia Aguilar (13) (abducted Nov. 5, 2018, found Nov. 27, 2018, in a shallow pond more than 4 feet deep off Wire Grass Road outside of Lumberton) - *Michael Ray McLellan (34/now 38) indicted (12/3/18), arrested (11/13/18), charged (5/14/19) & indicted (additional charges 5/17/19) with 1st degree murder, 1st degree forcible rape & statutory rape of a person under 15, 1st degree sexual offense & statutory sex offense with a person under 15, 1st degree kidnapping, felony larceny, felony restraint, abduction of a child & concealment of a death. Held without bond. DA will seek DP.
DNA found in car matched McLellan.
Trial was set to begin in June, 2021 continued until 2022 & continued on 9/18/23.
Court info from 12/7/18 thru 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Hania: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 am session.
7/1/22 Update: McLellan’s defense attorneys, Harold Pope & Geoffrey Hosford, asked for the full case file from the FBI’s lab records, including physical evidence such as DNA. Pope said the team has deployed a “company with forensic biologists, geneticists, DNA specialists” to review the evidence. The FBI already has released the lab report. “The company evaluates & assesses DNA evidence & that assessment is underway but in order for them to tell us their opinion regarding the validity of the testing we’ve received thus far, they need the underlying data, which is provided by the statute for discovery, not just the report but the underlying data,” Pope said. The items listed in the request are the full output from the FBI’s STRmix program used to interpret (DNA) results, all temporaneous FBI lab protocol standard operating procedures from DNA & zoology testing, FBI lab quality assurance manual, the most recent lab audit results & any and all photographs from investigating agencies, according to Pope.
11/10/22 Update: From article: Making progress on case & moving forward toward a trial. Turning over evidence in federal custody to McLellan's lawyers. He will have two attorneys representing him. Autopsy doesn't list specific cause of death but was likely a form of asphyxia.. was listed as homicidal violence of undetermined means. FBI assisted early on & charged with 10 felonies. Two investigators who lost their jobs following internal investigation because they didn't follow up with DNA evidence from a previous case.
12/5/22 Update: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (12/10/18) & indicted (1/7/19) with 1st degree rape & 1st degree burglary. $5M bond. Revoked (12/10/18). 2016 rape case
Court info from 9/9/19 thru 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Rape/Burglary: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 am session.
12/5/22 Update: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (2018) with 1st degree kidnapping, 1st degree force sex offense, statutory sex offense with child, larceny of motor vehicle, felonious restraint, abduction of children, concealed/failed to report death of child, 1st degree forcible rape & statutory rape of child.
Court info from 12/5/20 thru 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Sex offense: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 am session.
12/5/22 Update: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (10/15/18) & arrested (11/13/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon. (10/15/18 kidnapping case in Fairmont). $2.5M bond. 2018 kidnapping
Court information from 12/7/18 thru 9/3/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
2/23/22 Update: Kidnapping: Next am session for status hearing on 4/8/22. 4/8/22 Update: Next am session hearing on 9/9/22. 9/9/22 Update: Status hearing on 9/9/22 has been rescheduled on 1/13/23.
Niner
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@PommyMommy - just wondering if there might be a hearing date yet for Hania? I do have trial starting on 9/18/23. In my notes I have a hearing is supposed to be in July.
And also the other charges against him. Here are the case #s:
Hania 18CR505670 thru 679
1st degree rape/burglary - 18CR0001998
1st degree kidnapping/sex offense #18CRS056271 thru 18CR2056279
2018 Kidnapping 18CR055491 - which just had a hearing on 1/13/23.
TIA!
And also the other charges against him. Here are the case #s:
Hania 18CR505670 thru 679
1st degree rape/burglary - 18CR0001998
1st degree kidnapping/sex offense #18CRS056271 thru 18CR2056279
2018 Kidnapping 18CR055491 - which just had a hearing on 1/13/23.
TIA!
PommyMommy
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This is the only thing I can find, NIner.@PommyMommy - just wondering if there might be a hearing date yet for Hania? I do have trial starting on 9/18/23. In my notes I have a hearing is supposed to be in July.
And also the other charges against him. Here are the case #s:
Hania 18CR505670 thru 679
1st degree rape/burglary - 18CR0001998
1st degree kidnapping/sex offense #18CRS056271 thru 18CR2056279
2018 Kidnapping 18CR055491 - which just had a hearing on 1/13/23.
TIA!
Calendars / District and Superior Court Query
www1.aoc.state.nc.us
| Court | County | Defendant | Date of Birth | Court Date | Court Room | Session | Case Number | Citation Number |
|---|---|---|---|---|---|---|---|---|
| District | ROBESON | MCLELLAN,MICHAEL | 08/03 | 04/14/2023 | 003A | AM | 18CR055491 |
Arraigned Offenses
| Offense Code | Description | Statute |
|---|---|---|
| 5224 | Felony-POSSESSION OF FIREARM BY FELON | 14-415.1 |
| 1028 | Felony-SECOND DEGREE KIDNAPPING | 14-39 |
| 1202 | Felony-ATT ROBBERY-DANGEROUS WEAPON | 14-87 |
Niner
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This is the only thing I can find, NIner.
Calendars / District and Superior Court Query
Court County Defendant Date of
BirthCourt
DateCourt
RoomSession Case
NumberCitation
NumberDistrict ROBESON MCLELLAN,MICHAEL 08/03 04/14/2023 003A AM 18CR055491
Arraigned Offenses
Offense Code Description Statute 5224 Felony-POSSESSION OF FIREARM BY FELON 14-415.1 1028 Felony-SECOND DEGREE KIDNAPPING 14-39 1202 Felony-ATT ROBBERY-DANGEROUS WEAPON 14-87
Thank you! That is the one which just had a hearing on 1/13/23. Wondering if they are going with this one first...
Niner
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@PommyMommy - are there still no updated court dates for his other cases - mainly Hania.
I have his 2018 kidnapping charge on 4/14.
TIA!
I have his 2018 kidnapping charge on 4/14.
TIA!
PommyMommy
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BUMPING for the case numbers.Here you go, Niner.
Case Number: 18CR055491
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 04/08/2022
Session: AM
Court Room: 003A
Calendars / Offenses Query (state.nc.us)
All of the cases below show:
Court Date: 04/04/2022:
Session: AM
Court Room:
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS001998
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056270
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056271
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056272
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056273
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056274
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056275
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056276
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056277
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056278
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056279
Calendars / District and Superior Court Query
I can still only find Case 18CR055491, Niner, and the date hasn't changed. MOO
Niner
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Do not know IF you are asking for case #s or not - but here they are:
Hania’s Case #18CRS05670
Rape/Robbery Case #18CR0001998
2018 force sex/18CRS056271; stat sex w/child/18CRS056272; Larceny/18CRS056273; Felony restraint/18CRS056274; abduction children/18CRS056275; conceal death of child/18CRS056276; rape/18CRS056277; rape of child/18CRS056278; kidnapping/18CRS056279
Those I have all on 12/5/22.
In my notes I have that there is supposed to be a hearing in July to see whether the trial date (9/18/23) stays the same.
Niner
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Just bumping up my post -
@PommyMommy - anything new posted yet? For any of the cases - except the 2018 kidnapping #18CR055491 - have a date of 4/14/23 for this one.
TIA!
PommyMommy
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Nothing new.
Niner
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Niner
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@PommyMommy - wondering IF there might be an court hearing updates for the cases except the 2018 kidnapping #18CR055491 - have a date of 4/14/23 for this one.
PommyMommy
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Unfortunately that's still the only one I can see. MOO
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