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Why a motion to dismiss indictment in case of Guillen's death? | kcentv.com
Nov. 30, 2021
Cecily Aguilar's defense wants all eleven counts against her dismissed. The judge will rule on the motion December 8.
WACO, Texas — The only person charged in connection to the death of Fort Hood Spc. Vanessa Guillen has another court date coming up.
A federal court judge in Waco will hear a motion to dismiss the indictment of Cecily Aguilar Wednesday, Dec. 8. This time Aguilar and her defense team are trying to throw out her indictment.
[.....]
Aguilar's defense attorney Lewis Gainor filed the motion to dismiss the indictment Sept. 7. He argues the indictment lacks specificity, fails to state an offense and charges her with the same offense in one count.
6 News legal analyst Liz Mitchell says this is a common tactic and it most likely won't work.
"Generally, if a case has made it this far, it's not very likely that it's going to be dismissed in a pre-trial hearing," she said.
[.....]
Mitchell says the chances of Aguilar's indictment being thrown for her alleged involvement in the death of Spc. Guillen are slim but Aguilar's attorneys will give it a shot.
"We generally see these types of motions used by defense attorneys as a bit of a fishing expedition, meaning they want to get as much information before the trial starts as possible," Mitchell explained.
The defense tried to throw out Aguilar's confession back in July but that attempt was denied.
[.....]
Mitchell says there could be several more motions or tactics used before testimony in this case starts. The biggest hurdle before trial will be finding a fair jury because of the national attention of this case.
[.....]
The hearing Dec. 8 is expected to not last long. The judge will have the State prove the elements through one witness. It's not a situation in which the state has to outline their entire trial.
Nov. 30, 2021
Cecily Aguilar's defense wants all eleven counts against her dismissed. The judge will rule on the motion December 8.
WACO, Texas — The only person charged in connection to the death of Fort Hood Spc. Vanessa Guillen has another court date coming up.
A federal court judge in Waco will hear a motion to dismiss the indictment of Cecily Aguilar Wednesday, Dec. 8. This time Aguilar and her defense team are trying to throw out her indictment.
[.....]
Aguilar's defense attorney Lewis Gainor filed the motion to dismiss the indictment Sept. 7. He argues the indictment lacks specificity, fails to state an offense and charges her with the same offense in one count.
6 News legal analyst Liz Mitchell says this is a common tactic and it most likely won't work.
"Generally, if a case has made it this far, it's not very likely that it's going to be dismissed in a pre-trial hearing," she said.
[.....]
Mitchell says the chances of Aguilar's indictment being thrown for her alleged involvement in the death of Spc. Guillen are slim but Aguilar's attorneys will give it a shot.
"We generally see these types of motions used by defense attorneys as a bit of a fishing expedition, meaning they want to get as much information before the trial starts as possible," Mitchell explained.
The defense tried to throw out Aguilar's confession back in July but that attempt was denied.
[.....]
Mitchell says there could be several more motions or tactics used before testimony in this case starts. The biggest hurdle before trial will be finding a fair jury because of the national attention of this case.
[.....]
The hearing Dec. 8 is expected to not last long. The judge will have the State prove the elements through one witness. It's not a situation in which the state has to outline their entire trial.