GUILTY TX - Kayla Gomez-Orozco, 10, Bullard, 1 Nov 2016 #2 *Arrest*

[Niner]

Murder Charge:
12/6/2018 8:31 Comprehensive PreTrial Conference

12/18/2018 8:30 Complex / Capital Case

link: Criminal Court Case Information - Case History


Forgery charge:
12/6/2018 8:30 Comprehensive PreTrial Conference

12/18/2018 8:30 Comprehensive PreTrial Conference

link: Criminal Court Case Information - Case History

 

[NanZDrew]

Hey, Niner. See that you got back in!

 

[Niner]

Yes I did - WS has been screwy for the last few days - and it's starting again. Hopefully, this will post....

 

[Niner]

Thursday, Jan. 3rd:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
Additional pre-trial hearings on 8/16, 8/23, 8 29 & 10/4. According to the document pertaining to trial events, Judge Skeen & the 241st District Court will entertain a written plea agreement in Zavala-Garcia’s case if returned to the staff of the court on or before 9 a.m. Thursday, July 26. Jury selection is currently scheduled for 8:30 a.m. Thursday, Aug. 30, as all parties concerned in the case will appear before the Court for Qualification of the Venire Panel and the Court’s Voir Dire. Additionally, individual voir dire in the trial is slated for 8:30 a.m. Monday, Sept. 10, with the docket call and trial scheduled to begin Monday, Oct. 8. ALL dates have been cancelled as of 7/12/18.
5/11/18 Update: DA Bingham said he would rather err on the side of caution to have the items tested. A Dept. of Public Safety evidence analyst said he would need 60 days to go thru the 10 clothing items from the victim & suspect. He started the process but will need another 53 days. The next pretrial hearing is schedule for July 12, & 241st District Court Judge Skeen said he would know then whether the scheduling order would need to be altered.
7/12/18 Update: Trial might be pushed back. Need more time for DNA analyst. Next hearing 8/16.
7/15/18 Update: All dates have been cancelled due to DNA testing still going on.
8/16/18 Update: Pretrial hearing, Judge Jack Skeen heard from DPS forensic expert Kristen Cossota via telephone. She said the first 24 samples being submitted for trace analysis have been completed. She said the final results on those samples will be ready in sixty days, or on about October 15. Judge Skeen set the next pre-trial hearing for September 13. Then on October 18 there will be a pre-trial hearing for the final update on DNA testing. At that time it will be decided whether more DNA testing is needed. The trial has been set for March 18, 2019.
11/25/18: Pretrial hearing on 1/3/19, 2/7, 3/7, 4/4, 5/2, 5/16, 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date scheduled on 7/15/19.

 

[Niner]

Pretrial hearing for Zavala-Garcia moved


TYLER, TX (KLTV) - The pretrial hearing for accused murder Gustavo Zavala-Garcia has been moved.

Zavala-Garcia was originally set to appear in a Smith County courtroom on the morning of Jan. 9 for a pretrial hearing. However, the hearing has been moved. The next pretrial hearing will be held in March.
[.....]
During the the last pretrial hearing in October, Judge Jack Skeen said the court would order an additional mitochondrial testing if he received a joint hearing from both the state and the defense stating that it was needed. The additional testing has pushed back the trial date for Zavala-Garcia, which was previously set for March.

At this time, it appears the trial will not begin until sometime in May.


I have this in my notes - must be an old article...
11/25/18: Pretrial hearing on 1/3/19, 2/7, 3/7, 4/4, 5/2, 5/16, 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date scheduled on 7/15/19.

 

[Niner]

delete...

 

[NanZDrew]

Article summarizing the last two years in this case.
REMEMBERING KAYLA GOMEZ: East Texas child went missing 2 years ago

 

[Niner]

Thursday, February 7th:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
Additional pre-trial hearings on 8/16, 8/23, 8 29 & 10/4. According to the document pertaining to trial events, Judge Skeen & the 241st District Court will entertain a written plea agreement in Zavala-Garcia’s case if returned to the staff of the court on or before 9 a.m. Thursday, July 26. Jury selection is currently scheduled for 8:30 a.m. Thursday, Aug. 30, as all parties concerned in the case will appear before the Court for Qualification of the Venire Panel and the Court’s Voir Dire. Additionally, individual voir dire in the trial is slated for 8:30 a.m. Monday, Sept. 10, with the docket call and trial scheduled to begin Monday, Oct. 8. ALL dates have been cancelled as of 7/12/18.
5/11/18 Update: DA Bingham said he would rather err on the side of caution to have the items tested. A Dept. of Public Safety evidence analyst said he would need 60 days to go thru the 10 clothing items from the victim & suspect. He started the process but will need another 53 days. The next pretrial hearing is schedule for July 12, & 241st District Court Judge Skeen said he would know then whether the scheduling order would need to be altered.
7/12/18 Update: Trial might be pushed back. Need more time for DNA analyst. Next hearing 8/16.
7/15/18 Update: All dates have been cancelled due to DNA testing still going on.
8/16/18 Update: Pretrial hearing, Judge Jack Skeen heard from DPS forensic expert Kristen Cossota via telephone. She said the first 24 samples being submitted for trace analysis have been completed. She said the final results on those samples will be ready in sixty days, or on about October 15. Judge Skeen set the next pre-trial hearing for September 13. Then on October 18 there will be a pre-trial hearing for the final update on DNA testing. At that time it will be decided whether more DNA testing is needed. The trial has been set for March 18, 2019.
11/25/18: Pretrial hearing on 12/5, 1/3/19, 2/7, 3/7, 4/4, 5/2, 5/16, 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date scheduled on 7/15/19.

 

[Niner]

Thursday, March 7th:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
Additional pre-trial hearings on 8/16, 8/23, 8 29 & 10/4. According to the document pertaining to trial events, Judge Skeen & the 241st District Court will entertain a written plea agreement in Zavala-Garcia’s case if returned to the staff of the court on or before 9 a.m. Thursday, July 26. Jury selection is currently scheduled for 8:30 a.m. Thursday, Aug. 30, as all parties concerned in the case will appear before the Court for Qualification of the Venire Panel and the Court’s Voir Dire. Additionally, individual voir dire in the trial is slated for 8:30 a.m. Monday, Sept. 10, with the docket call and trial scheduled to begin Monday, Oct. 8. ALL dates have been cancelled as of 7/12/18.
5/11/18 Update: DA Bingham said he would rather err on the side of caution to have the items tested. A Dept. of Public Safety evidence analyst said he would need 60 days to go thru the 10 clothing items from the victim & suspect. He started the process but will need another 53 days. The next pretrial hearing is schedule for July 12, & 241st District Court Judge Skeen said he would know then whether the scheduling order would need to be altered.
7/12/18 Update: Trial might be pushed back. Need more time for DNA analyst. Next hearing 8/16.
7/15/18 Update: All dates have been cancelled due to DNA testing still going on.
8/16/18 Update: Pretrial hearing, Judge Jack Skeen heard from DPS forensic expert Kristen Cossota via telephone. She said the first 24 samples being submitted for trace analysis have been completed. She said the final results on those samples will be ready in sixty days, or on about October 15. Judge Skeen set the next pre-trial hearing for September 13. Then on October 18 there will be a pre-trial hearing for the final update on DNA testing. At that time it will be decided whether more DNA testing is needed. The trial has been set for March 18, 2019.
11/25/18: Pretrial hearing on 12/5, 1/3/19, 2/7, 3/7, 4/4, 5/2, 5/16, 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date scheduled on 7/15/19.

 

[NanZDrew]

Thursday, March 7th:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
Additional pre-trial hearings on 8/16, 8/23, 8 29 & 10/4. According to the document pertaining to trial events, Judge Skeen & the 241st District Court will entertain a written plea agreement in Zavala-Garcia’s case if returned to the staff of the court on or before 9 a.m. Thursday, July 26. Jury selection is currently scheduled for 8:30 a.m. Thursday, Aug. 30, as all parties concerned in the case will appear before the Court for Qualification of the Venire Panel and the Court’s Voir Dire. Additionally, individual voir dire in the trial is slated for 8:30 a.m. Monday, Sept. 10, with the docket call and trial scheduled to begin Monday, Oct. 8. ALL dates have been cancelled as of 7/12/18.
5/11/18 Update: DA Bingham said he would rather err on the side of caution to have the items tested. A Dept. of Public Safety evidence analyst said he would need 60 days to go thru the 10 clothing items from the victim & suspect. He started the process but will need another 53 days. The next pretrial hearing is schedule for July 12, & 241st District Court Judge Skeen said he would know then whether the scheduling order would need to be altered.
7/12/18 Update: Trial might be pushed back. Need more time for DNA analyst. Next hearing 8/16.
7/15/18 Update: All dates have been cancelled due to DNA testing still going on.
8/16/18 Update: Pretrial hearing, Judge Jack Skeen heard from DPS forensic expert Kristen Cossota via telephone. She said the first 24 samples being submitted for trace analysis have been completed. She said the final results on those samples will be ready in sixty days, or on about October 15. Judge Skeen set the next pre-trial hearing for September 13. Then on October 18 there will be a pre-trial hearing for the final update on DNA testing. At that time it will be decided whether more DNA testing is needed. The trial has been set for March 18, 2019.
11/25/18: Pretrial hearing on 12/5, 1/3/19, 2/7, 3/7, 4/4, 5/2, 5/16, 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date scheduled on 7/15/19.

Thanks, Niner. You always do such a great job keeping up with case status.

 

[Niner]

 

[Niner]

Murder suspect Zavala-Garcia appears in court, DNA testing continues in case

SMITH COUNTY, TX (KLTV) -DNA testing continues in the trial for accused murderer Gustavo Zavala Garcia.
[.....]
In a March 7 pretrial hearing in Smith County, the court learned that DNA testing being conducted by the Department of Public Safety is expected to be complete in April.

Zavala-Garcia’s next pretrial hearing is scheduled for April 4.

Judge Jack Skeen says if the schedule stays as is a trial date will be set for the middle of July.

Trial date is July 15th, FYI.

 

[Niner]

Can someone give a 10% synopsis on the motion for change of venue & any other motions they filed. I can't access this:

Defense to seek change of venue in capital murder trial for man accused of killing East Texas 10-year-old

TIA!

 

[Jim_M]

Can someone give a 10% synopsis on the motion for change of venue & any other motions they filed. I can't access this:

Defense to seek change of venue in capital murder trial for man accused of killing East Texas 10-year-old

TIA!

-snip-

Author: LouAnna Campbell, Tyler Morning Telegraph
Published: 2:49 PM CST March 8, 2019
Updated: 2:54 PM CST March 8, 2019

SMITH COUNTY, Texas —

-snip-

According to the Tyler Morning Telegraph, Gustavo Zavala-Garcia's defense attorney said he plans to file a motion for a change of venue, a motion to suppress some evidence and a constitutional motion that will be heard during an April 4 pretrial hearing.

Zavala-Garcia, 26, is accused of the 2016 killing of Kayla Gomez-Orozco and if convicted on the capital murder charge could be sentenced to death.

-snip-

In addition, the defense said an expert will review the results of DNA testing conducted by the University of North Texas lab and the review would determine if the defense seeks additional testing.

-snip-

Judge Jack Skeen said additional DNA test results are expected to be returned by the end of April, with Zavala-Garcia's trial slated to begin July 15 after four weeks of jury selection.

-snip-

 

[Jim_M]

According to the Tyler Morning Telegraph:

-snip-

Zavala-Garcia's next court appearances are set for April 4 and May 2. The court anticipates sending out jury summonses in May. Jury selection is set to begin June 6.

-snip-

Her body was found four days later in a well on the property where Zavala-Garcia lived, in the 22100 block of Farm-to-Market Road 2493 (Old Jacksonville Highway) in Bullard.

-snip-

In the indictment, prosecutors contend Zavala-Garcia attacked Kayla and sexually assaulted or attempted to sexually assault her after her kidnapping.

Prosecutors also contend he struck Kayla with and against a blunt object, asphyxiated her and drowned her.

 

[Niner]

Thanks Jim_M for the synopsis!

 

[NanZDrew]

I can't believe they are trying to change the venue. People searched for the little girl when it happened and held a memorial for her. This happens everywhere with a small child. I live in East Texas, and I can tell you that if I mentioned it to a random person on the street, most people wouldn't know what I was talking about. If I gave them more details, they would probably say, "I think I remember hearing something about this." The day of the hearing, I checked the news and there was not even coverage. Later this article. No reason whatsoever to change the venue. I hope it is denied.

 

[NanZDrew]

Article today posted about the case. Not only are they trying to get a change of venue, they are also trying to suppress his statements and claiming he wasn't advised of his rights. Also, they are saying they would not allow him to meet with the consult from Mexico.
Zavala-Garcia attorneys seek change of venue, suppression of statements

 

[Kristikay52]

Marking my spot to follow thread. I live in Tyler and I do think majority of people here do know of this case.

 

[NanZDrew]

Marking my spot to follow thread. I liveth in Tyler and I do think majority of people here do know of this case.

It received coverage while she was missing, and there was a prayer vigil, but that was about 2 years ago. Since she was found ad he was arrested, the coverage has been scant. There is sometimes no news coverage after a hearing. I agree that most people in the area have not heard, and those that heard, have forgotten the case. They will get as fair a trial in Tyler as they will anywhere else. No jury is going to be very sympathetic to a man who was welcomed into a family, and then betrayed this family by kidnapping their innocent little girl who was lovingly playing with his toddler daughter in the foyer of their church when he abducted her, took her to his home, and raped her. It has not been released whether she was dead or alive when she was lowered into a cold, dark well. Even if they succeed at suppressing his statements, there is surveilance evidence at the church, phone pings, and a body found on his property. Also the Texas Rangers interviewed him, and I can't imagine they would make the error of reading his rights.