GUILTY TX - PFC Vanessa Guillen, 20, Fort Hood military base, items left behind, 22 Apr 2020 *arrests* #4

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  • Wed 3 Mar, 22:00 ID‑P (Ch. 67)

Vanessa Guillen was thrilled to join the Army in 2018. But something changed while she was stationed at Fort Hood. Vanessa confessed to a family member she was being harassed by a superior, but she never revealed his name.



[NEW show about this case. Just watched it, seems pretty accurate]
 
@Seattle1 has the best stuff and earlier, as @Seattle1 has PACER which most of us don't have access to unless s/he shares. Which shows much more than the free sites and can see more? Most of the case is sealed though.

U.S. District Court [LIVE]
Western District of Texas (Waco)
CRIMINAL DOCKET FOR CASE #: 6:20-cr-00097-ADA-1


Case title: USA v. Aguilar
Magistrate judge case number: 6:20-mj-00141-JCM

Date Filed: 07/14/2020
Assigned to: Judge Alan D Albright

Defendant (1)
Cecily Ann Aguilar

Pending Counts

18:1512C.F TAMPERING WITH A WITNESS, VICTIM, OR AN INFORMANT -- Conspiracy to Tamper with Documents or Proceedings
(1)
18:1512C.F TAMPERING WITH A WITNESS, VICTIM, OR AN INFORMANT -- Tampering with Documents or Proceedings
(2-3)

Highest Offense Level (Opening)

Felony

Terminated Counts
None

Highest Offense Level (Terminated)

None

Complaints
did unlawfully and willfully combine, conspire, confederate and agree together and with others to corruptly alter, destroy, mutilate, and conceal an object, or attempt to do so, with the intent to impair its integrity and availability for use in an official proceeding, in violation of Title 18, United States Code, Sections 1512(c)(1) and (k).

Date Filed#Docket Text

07/02/2020
#1 COMPLAINT Signed by Judge Jeffrey C. Manske as to Cecily Ann Aguilar (1). (am) [6:20-mj-00141-JCM] (Entered: 07/02/2020)

07/02/2020
#3 Application for Writ of Habeas Corpus ad Prosequendum as to Cecily Ann Aguilar (am) [6:20-mj-00141-JCM] (Entered: 07/02/2020)

07/02/2020
#4 ORDER FOR ISSUANCE OF Writ of Habeas Corpus ad Prosequendum as to Cecily Ann Aguilar. Signed by Judge Jeffrey C. Manske. (am) [6:20-mj-00141-JCM] (Entered: 07/02/2020)

07/02/2020
#5 Writ of Habeas Corpus ad Prosequendum Issued as to Cecily Ann Aguilar for 6th day of July, 2020, at 11:00 a.m.. (am) [6:20-mj-00141-JCM] (Entered: 07/02/2020)

07/06/2020
#6 Waiver of rights and consent to proceed by Video Conference by Cecily Ann Aguilar (am) [6:20-mj-00141-JCM] (Entered: 07/06/2020)

07/06/2020
#7 Minute Entry for proceedings held before Judge Jeffrey C. Manske:Initial Appearance as to Cecily Ann Aguilar held on 7/6/2020 (Minute entry documents are not available electronically.) (Court Reporter LILY REZNIK VIA ZOOM.) (am) [6:20-mj-00141-JCM] (Entered: 07/06/2020)

07/06/2020
#8 CJA 23 Financial Affidavit by Cecily Ann Aguilar (SEALED pursuant to E-Government Act of 2002). (am) [6:20-mj-00141-JCM] (Entered: 07/06/2020)

07/06/2020
#9 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Cecily Ann Aguilar. Signed by Judge Jeffrey C. Manske. (am) [6:20-mj-00141-JCM] (Entered: 07/06/2020)

07/06/2020
#10 ORDER SETTING PRELIMINARY / DETENTION HEARING as to Cecily Ann Aguilar, Preliminary Hearing Manske and Detention Hearing set for 7/14/2020 09:30 AM before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (am) [6:20-mj-00141-JCM] (Entered: 07/06/2020)

07/06/2020
#11 ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Cecily Ann Aguilar. Signed by Judge Jeffrey C. Manske. (am) [6:20-mj-00141-JCM] (Entered: 07/06/2020)

07/07/2020
#12 NOTICE OF ATTORNEY APPEARANCE: Lewis Berray Gainor appearing for Cecily Ann Aguilar (Gainor, Lewis) [6:20-mj-00141-JCM] (Entered: 07/07/2020)

07/07/2020
#13 TRANSCRIPT REQUEST by Cecily Ann Aguilar for proceedings held on 7/06/2020 before Judge Jeffrey C. Manske. Proceedings Transcribed: Initial Appearance. Court Reporter: Lily Reznik. (Gainor, Lewis) (Main Document 13 replaced on 7/7/2020) (am). [6:20-mj-00141-JCM] (Entered: 07/07/2020)

07/09/2020
#14 NOTICE Assertion of Fifth and Sixth Amendent Rights by Cecily Ann Aguilar. (Gainor, Lewis) Modified on 7/9/2020 (lad). [6:20-mj-00141-JCM] (Entered: 07/09/2020)

07/10/2020
#15 ORDER RESETTING PRELIMINARY / DETENTION HEARING as to Cecily Ann Aguilar, Detention Hearing and Preliminary Hearing set for 7/14/2020 01:30 PM before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (am) Modified on 7/14/2020 (am). [6:20-mj-00141-JCM] (Entered: 07/10/2020)

07/13/2020
#16 TRANSCRIPT filed of Proceedings as to Cecily Ann Aguilar held on July 6, 2020 Proceedings Transcribed: Videoconference Initial Appearance. Court Reporter/Transcriber Lily I. Reznik, Telephone number 512-391-8792. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 8/3/2020, Redacted Transcript Deadline set for 8/13/2020, Release of Transcript Restriction set for 10/12/2020, (lr) [6:20-mj-00141-JCM] (Entered: 07/13/2020)07/14/2020 Reset Hearings as to Cecily Ann Aguilar: Detention Hearing and Preliminary Hearing set for 7/14/2020 01:30 PM before Judge Jeffrey C. Manske (am) [6:20-mj-00141-JCM] (Entered: 07/14/2020)

07/14/2020
#17 INDICTMENT(Redacted Version) filed. Unredacted document sealed pursuant to E-Government Act of 2002 as to Cecily Ann Aguilar (1) count(s) 1, 2-3. (mc5) (Entered: 07/14/2020)

07/14/2020
#19 Personal Data Sheet (SEALED) as to Cecily Ann Aguilar (mc5) (Entered: 07/14/2020)

07/14/2020
#20 Minute Entry for proceedings held before Judge Jeffrey C. Manske: Arraignment as to Cecily Ann Aguilar (1) Plea of not guilty entered as to Counts 1,2-3 on 7/14/2020. Detention hearing held. Evidence presented by Government, Argument presented by Govt. / Deft. Court finds that Deft should be detained pending trial and will enter an order of detention pending trial. Defendant(s) remanded to the custody of the U.S. Marshal. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.) (lad) (Entered: 07/14/2020)

07/14/2020
#21 ORDER OF DETENTION as to Cecily Ann Aguilar. Signed by Judge Jeffrey C. Manske. (am) (Entered: 07/14/2020)

07/15/2020
#22 Arrest Warrant Returned Executed on 7/2/2020 as to Cecily Ann Aguilar. (lad) (Entered: 07/15/2020)

07/27/2020
#23 MOTION FOR ORDER PROHIBITING PREJUDICIAL EXTRAJUDICIAL STATEMENTS by Cecily Ann Aguilar. (Attachments: # 1 Sealed Document Exhibit 1)(Gainor, Lewis) (Entered: 07/27/2020)

08/03/2020 Text Order MOOTING
#24 Motion as to Cecily Ann Aguilar (1) Entered by Judge Jeffrey C. Manske. The Clerk of the Court has conferred with counsel about the procedure for filing documents under seal. As such, the instant Motion is now moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhg) (Entered: 08/03/2020)

08/07/2020
#25 MOTION for Extension of Time to File Response/Reply as to 23 MOTION FOR ORDER PROHIBITING PREJUDICIAL EXTRAJUDICIAL STATEMENTS by USA as to Cecily Ann Aguilar. (Frazier, Mark) (Entered: 08/07/2020)

08/07/2020 Text Order GRANTING
#25 Motion for Extension of Time to File Response/Reply as to Cecily Ann Aguilar (1) Entered by Judge Jeffrey C. Manske. The government's deadline to respond is extended to August 11, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhg) (Entered: 08/07/2020)

08/11/2020
#26 MOTION for Extension of Time to File Response/Reply as to 23 MOTION FOR ORDER PROHIBITING PREJUDICIAL EXTRAJUDICIAL STATEMENTS by USA as to Cecily Ann Aguilar. (Frazier, Mark) (Entered: 08/11/2020)

08/12/2020 Text Order GRANTING
# 26 Motion for Extension of Time to File Response/Reply as to Cecily Ann Aguilar (1) Entered by Judge Jeffrey C. Manske. The government is granted until August 14, 2020, to file its response. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhg) (Entered: 08/12/2020)

08/13/2020
#27 SCHEDULING ORDER as to Cecily Ann Aguilar: Motion Hearing (for any outstanding motions) set for 9/8/2020 09:00 AM before Judge Jeffrey C. Manske, Plea Agreement due by 9/14/2020, Rearraignment set for 9/22/2020 09:00 AM before Judge Jeffrey C. Manske UNLESS AN EARLIER DATE IS SCHEDULED WITH THE COURTROOM DEPUTY CLERK, Jury Selection set and Trial set for 9/28/2020 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Main Document 27 replaced on 8/13/2020) (sm3). (Entered: 08/13/2020)

08/13/2020
#28 Order Concerning Courtroom Decorum and Trial Procedures as to Cecily Ann Aguilar. Signed by Judge Alan D Albright. (lad) (Entered: 08/13/2020)

08/13/2020
#29 RESPONSE TO MOTION by USA as to Cecily Ann Aguilar re 23 MOTION FOR ORDER PROHIBITING PREJUDICIAL EXTRAJUDICIAL STATEMENTS filed by Defendant Cecily Ann Aguilar (Frazier, Mark) (Entered: 08/13/2020)

08/13/2020
#30 SEALED MOTION filed (Frazier, Mark) (Entered: 08/13/2020)

08/14/2020
#31 Sealed Order. Signed by Judge Alan D Albright. (am) (Entered: 08/14/2020)

08/17/2020
#32 ORDER DENYING 23 Motion for Order Prohibiting Prejudicial Extrajudicial Statements as to Cecily Ann Aguilar (1). Moving forward, the Court will monitor the conduct of the trial participants to safeguard these proceedings against any potential damage of negative pretrial publicity. Signed by Judge Jeffrey C. Manske. (lad) (Entered: 08/18/2020)

09/14/2020
#33 Unopposed MOTION to Continue by Cecily Ann Aguilar. (Gainor, Lewis) (Entered: 09/14/2020)

09/14/2020
#34 ORDER GRANTING 33 Motion to Continue as to Cecily Ann Aguilar (1). Rearraignment set for 11/10/2020 09:00 AM before Judge Jeffrey C. Manske. Jury Selection and Jury Trial set for 11/30/2020 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 09/14/2020)

11/06/2020
#35 Unopposed MOTION to Continue by Cecily Ann Aguilar. (Gainor, Lewis) (Entered: 11/06/2020)

11/09/2020
#36 ORDER GRANTING 35 Motion to Continue as to Cecily Ann Aguilar (1). Rearraignment set for 1/5/2021 09:00 AM before Judge Jeffrey C. Manske, Jury Selection and Trial set for 1/19/2021 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 11/09/2020)

12/22/2020
#37 MOTION for Bill of Particulars by Cecily Ann Aguilar. (Gainor, Lewis) (Entered: 12/22/2020)

12/28/2020
#38 Unopposed MOTION to Continue by Cecily Ann Aguilar. (Gainor, Lewis) (Entered: 12/28/2020)

12/29/2020
#39 ORDER GRANTING 38 Motion to Continue as to Cecily Ann Aguilar (1). Plea Agreement due by 2/15/2021. Rearraignment set for 2/23/2021 09:00 AM before Judge Jeffrey C. Manske. Jury Selection and Trial set for 3/8/2021 09:00AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bw) (Entered: 12/29/2020)

01/06/2021
#40 NOTICE OF ATTORNEY APPEARANCE: Horatio R. Aldredge appearing for Cecily Ann Aguilar . Attorney Horatio R. Aldredge added to party Cecily Ann Aguilar(pty:dft) (Aldredge, Horatio) (Entered: 01/06/2021)

01/15/2021
#41 SEALED MOTION filed (Gainor, Lewis) (Entered: 01/15/2021)01/19/202142 Sealed Order. Signed by Judge Alan D Albright. (lad) (Entered: 01/19/2021)

01/19/2021
#43 ORDER GRANTING 37 Motion for Bill of Particulars as to Cecily Ann Aguilar (1). Signed by Judge Alan D Albright. (lad) (Entered: 01/19/2021)

02/08/2021
#44 Agreed MOTION for Designation as Complex Case and Tolling Speedy Trial Provisions by USA as to Cecily Ann Aguilar. (Frazier, Mark) (Entered: 02/08/2021)

02/08/2021
#45 MOTION for Reconsideration re 43 Order on Motion for Bill of Particulars by USA as to Cecily Ann Aguilar. (Frazier, Mark) (Entered: 02/08/2021)

02/08/2021
#46 ORDER GRANTING 44 Motion for Designation as Complex Case and Tolling Speedy Trial Provisions as to Cecily Ann Aguilar (1). Signed by Judge Alan D Albright. (am) (Entered: 02/08/2021)

02/10/2021
#47 SEALED MOTION filed (Gainor, Lewis) (Entered: 02/10/2021)

02/10/2021
#48 Sealed Order. Signed by Judge Alan D Albright. (bw) (Entered: 02/11/2021)

I think what @Seattle1 had bolded above is our answer to why the cancellation. On February 08, it was deemed a complex case.

"ORDER: "The court hereby finds that the ends of justice will be served by granting the continuance and such ends of justice outweigh the best interests of the public and the defendant in a speedy trial..............."
https://www.courtlistener.com/recap/gov.uscourts.txwd.1102033/gov.uscourts.txwd.1102033.46.0.pdf

ETA: Seattle1 and I just cross posted... off to view what s/he has just posted.

ETA: The above video in Seattle's post indeed says delay is due to being designated a complex case.
 
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Delayed again: Vanessa Guillen trial pushed back | kcentv.com

Aguilar's trial was supposed to happen on March 8, but the U.S. District Attorney’s Office said it was canceled until further order of the court and that this case has been designated as a complex case.
I don't know why this would be deemed a complex case. But then I guess we really don't know much of the evidence involved. I'm sure there are still lots of covid restrictions that will also cause further delays. Family needs to be patient.
 
Delayed again: Vanessa Guillen trial pushed back | kcentv.com

Aguilar's trial was supposed to happen on March 8, but the U.S. District Attorney’s Office said it was canceled until further order of the court and that this case has been designated as a complex case.

I recall last delay when CA appointed a new lawyer, and her plea agreement date extended to Feb 15, 2021.

Relative to a "complex case" designation (Title 18, United States, Code section 3161(h)(7)(A).) :

The issues and facts in this case are unusual and complex, due to the nature of the prosecution and the existence of novel questions of fact or law, that it is unreasonable to expect adequate preparation for pretrial proceedings and the trial itself within the time limits established by the Speedy Trial Act; and In the alternative, the volume of discovery in this case, including but not limited to written documents, records, reports, photographs, social media and other electronic data, recorded interviews, telephone location and tracking information and other physical evidence, adherence to the time limits prescribed in the Speedy Trial Act would deny counsel for the Defendant and the attorney for the Government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence by all parties.

https://www.courtlistener.com/recap/gov.uscourts.txwd.1102033/gov.uscourts.txwd.1102033.46.0.pdf
 
Fort Hood NCOs Prevented Soldiers from Reporting Crimes, Investigators Tell Congress

These few paragraphs, EXACTLY what we discussed/feared early on.

"Unfortunately, a 'business as usual' approach was taken by Fort Hood leadership causing female soldiers, particularly, in the combat brigades, to slip into survival mode," the report states, adding they were "vulnerable and preyed upon, but fearful to report and be ostracized and re-victimized."

Investigations dealing with rape, sexual assault and sexual harassment were frequently botched due to inexperienced investigators, and repeat offenders often walked free, according to the report.

"One of the most disturbing things we came across was within two days [investigators] were able to identify two or three serial offenders. … [Fort Hood] didn't have enough experienced agents on board to connect the dots and address that intelligence," Swecker said.

He added that it takes about six to seven years for investigators to "hit their stride," and most military investigators at Fort Hood had less than two years of experience.

Traditionally, someone with that little experience should still be being mentored and not handling serious investigations on their own, he said. Swecker noted there is a retention issue with military investigators, as many seek jobs at places like inspector general's offices.

Mary Counts, a former FBI supervisory special agent who is also on the review panel, said it was easy to see that Fort Hood had a leadership problem that turned a blind eye to crime, and that offenders often skated by because investigators were overloaded and bounced from case to case.
 
The lawyers for Cecily Aguilar, the woman accused of helping dispose of the body of Fort Hood soldier Vanessa Guillen, are working to have her confession in the case thrown out. Aguilar’s attorneys argue statements she made June 30, 2020, were obtained illegally — while she was neither under arrest and hadn’t been read her Miranda rights, KPRC in Houston reports based on court documents.

Woman accused of helping dispose of Fort Hood soldier Vanessa Guillen’s body requests confession be thrown out
 
Motion filed to throw out confession in Vanessa Guillen case | khou.com

The motion states officers detained Aguilar the night of June 30 on Fort Hood. Aguilar was a passenger in a Dodge Caravan when it was pulled over on post, according to the motion.

"The officers let the Caravan driver go and told Ms. Aguilar she was not under arrest and was free to leave," the motion states. "They also asked if she would come with them to the U.S. Army Criminal Investigation Command Office on Fort Hood to be interviewed."

Aguilar voluntarily went with the officers and was taken to an interrogation room, according to the motion. It says the interrogation was recorded and went from 8:30 p.m. to 1:30 a.m. The motion says at no point did they read Aguilar her Miranda rights.

Texas Ranger Travis Dendy told Aguilar she was not under arrest about 15 minutes into the interview. He also reminded her that lying to a federal officer was a federal crime, according to the motion.
 
Motion filed to throw out confession in Vanessa Guillen case | khou.com

The motion states officers detained Aguilar the night of June 30 on Fort Hood. Aguilar was a passenger in a Dodge Caravan when it was pulled over on post, according to the motion.

"The officers let the Caravan driver go and told Ms. Aguilar she was not under arrest and was free to leave," the motion states. "They also asked if she would come with them to the U.S. Army Criminal Investigation Command Office on Fort Hood to be interviewed."

Aguilar voluntarily went with the officers and was taken to an interrogation room, according to the motion. It says the interrogation was recorded and went from 8:30 p.m. to 1:30 a.m. The motion says at no point did they read Aguilar her Miranda rights.

Texas Ranger Travis Dendy told Aguilar she was not under arrest about 15 minutes into the interview. He also reminded her that lying to a federal officer was a federal crime, according to the motion.
Oh no, what a mess. Moo.
 
Could it matter that she was on post?

I doubt that I've read everything posted at the gates to the post most familiar to me -- and of course haven't been there since February 2020.

Horrible turn in this horrible case.

Should be all about Spec. Guillen!

images

image from valleycentral.com
 
Here are the links to all the docs mentioned from the last day. @Niner

Order Setting Motion Hearing for 4/27/2021 at 1:30 pm
https://www.courtlistener.com/recap/gov.uscourts.txwd.1102033/gov.uscourts.txwd.1102033.51.0.pdf which states that all required to be present in the courtroom

16 page Motion to Suppress document https://www.courtlistener.com/recap/gov.uscourts.txwd.1102033/gov.uscourts.txwd.1102033.50.0.pdf

General Link to her case overall (To keep an eye out for when the prosecution responds prior to hearing, and in case some docs are unsealed that we've been wanting to see) Docket for United States v. Aguilar, 6:20-cr-00097 - CourtListener.com


I'll add to media/document thread also at TX - PFC Vanessa Guillen, 20, 22 Apr 2020 *MEDIA,MAPS,TIMELINE ONLY NO DISCUSSION

ETA: From reading the supression submission, appears that not only the investigators need more training into sexual misconduct, but those arresting may need more training also. WSers know that telling someone they are free to leave is standard MOO. Is it different rules when on a military base? Looking forward to the prosecution response, and main link above to be updated with such prior to the 4/27 evidentiary hearing.
 
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Thank you @dixiegirl1035 ! Much appreciated! I've looking every day for an update on her court hearings. Figures it would happen when I'm gone for 4 days.... :)

Welcome back @Niner.. We missed and prayed for ya during your surgery! where we need ya!! where we could always spot a friend.. sing it!!!


Taking a break from all your worries.......... You wanna be where you can see that all the troubles are the same, you wanna be where everyone knows your name!



xxoxoxoxoxo Glad you are back with us!
 
@Niner - New document today. Still no response as to the requested quash/motion to supress yet.

Docket for United States v. Aguilar, 6:20-cr-00097 - CourtListener.com

ORDER GRANTING USA's 45 Motion for Reconsideration re 43 Order on Motion for Bill of Particulars. IS IT ORDRED that the Order 43 Order GRANTING Deft's 37 MOTION for Bill of Particulars is WITHDRAWN AND it is FURTHER ORDERED that Deft's Deft's 37 MOTION for Bill of Particulars is DENIED. Signed by Judge Alan D Albright. (klw) (Entered: 03/29/2021)

https://www.courtlistener.com/recap/gov.uscourts.txwd.1102033/gov.uscourts.txwd.1102033.53.0.pdf

Portion of pdf.....

"The defendant was arraigned on July 14, 2020 but did not request a bill of particulars until December 22, 2020, long after the expiration of the 14-day period provided by Rule 7(f). More than five months after her arraignment, Defendant now argues that the indictment is so vague that it fails to advise her of the specific acts of which she is accused. Defendant’s Motion for Bill of Particulars at 3. Defendant’s motion offers no explanation for this delay or why defense counsel failed to express these concerns in any of the other motions counsel has filedsince July. A review of the indictment in this case shows no obvious improprieties, or as defendant suggests without specific explanation, risk of double jeopardy. The defendant has never complained at any time during the pendency of this case that the government has failed to provide all required discovery. Instead, the defendant’s motion essentially requests that the government identify exactly what evidence it intends to introduce to prove the various elements of the charged offenses. This is not a valid basis to request a bill of particulars. Accordingly, the Court’s order (ECF No. 43) granting Defendant’s Motion for Bill of Particulars (ECF No. 37) is hereby withdrawn, and Defendant’s motion is DENIED."
 
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Hearing about throwing out Cecily Aguilar confession delayed | kcentv.com

Judge Jeffrey Manske granted the motion and gave the prosecution until May 5 to respond.

In a separate court, Judge Alan Albright denied a defense motion on Monday for more access to the prosecution's case.

Public Defender Lewis Gainor was seeking what's called a bill of particulars, according to the document.

A bill of particulars is a "formal, detailed statement of the claims or charges brought by a plaintiff or a prosecutor, usually filed in response to the defendant’s request for a more specific complaint,” the motion reads. “The purposes of a bill of particulars are to obviate surprise at trial, enable the defendant to prepare his defense with full knowledge of the charges against him, and to enable double jeopardy to be pled in case of a subsequent prosecution.”

According to the motion, the defense must request the bill of particulars within 14 days of the indictment. Aguilar was indicted July 14, 2020. Gainor did not request the bill of particulars until Dec. 22.

Gainor argues the indictment was so vague it failed to provide specific acts of which Aguilar is accused.
 

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