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Attorneys for woman accused of covering up Guillen murder seek disclosure of evidence
Mar 9, 2022
The defense team for a Killeen woman who is accused of covering up the murder of a Fort Hood soldier in 2020 are seeking video or audio recordings of several trips to the Bell County site where the soldier’s remains were found.
[..]
Four trial dates have been set and then rescheduled in Aguilar’s case since 2020. As of Wednesday, no new trial date had been set.
New motion, sealed exhibits filed
On March 8, federal public defender Lewis Berray Gainor filed a nine-page motion to compel prosecutors to release evidence in the case as part of the discovery process. Along with the motion, Gainor filed three sealed exhibits that are not available to the public.
In their motion to compel, Aguilar’s defense team requested “all video or audio footage, or any other evidence of Ms. Aguilar’s first trip to the Leon River site with law enforcement on the morning of July 1, 2020, or any other undisclosed evidence of statements by Ms. Aguilar,” according to the motion. “Without speculating too much, counsel believes that recordings of the trip might include exculpatory evidence, and is concerned the government is withholding the evidence for that reason, or that it was destroyed.”
Aguilar’s attorneys say in their motion that, on the evening of June 30, 2020, police observed Aguilar leaving her job and followed her to Fort Hood.
“Officers approached her at the base and informed her that they wanted to speak to her again,” according to the defense motion. “While she was told she was not under arrest, she was taken to the Fort Hood CID Office and interrogated by several officers from approximately 8:30 p.m. to nearly 1 a.m. She was not read her Miranda rights until nearly 3 hours into the interrogation, or roughly 11:23 p.m., when she was officially placed under arrest. Law enforcement then directed Ms. Aguilar to assist them by placing controlled calls to (Robinson).”
Her attorneys allege that police interrogated her several times between June 20, 2020, and July 6, 2020, when she was arraigned, “while concealing (Robinson’s) death from her.”
Twice on July 1, 2020, the day after Guillen’s remains were discovered, Texas Rangers allegedly took Aguilar to the Leon River site “and had her direct law enforcement around the area to search for further evidence,” according to the motion. “Despite the numerous official reports and references to video evidence of that night’s trip to the Leon River, the government asserts that the trip did not take place and has declined to provide any further evidence related to it.”
On Feb. 25, her attorneys filed a motion to suppress her statements to police because they say she was not presented in a timely manner to a magistrate judge, instead bringing her to the Leon River site. The Feb. 25 motion is sealed, but it is referenced in the March 8 motion to compel discovery.
A federal judge has not yet ruled on either of these defense motions.
Mar 9, 2022
The defense team for a Killeen woman who is accused of covering up the murder of a Fort Hood soldier in 2020 are seeking video or audio recordings of several trips to the Bell County site where the soldier’s remains were found.
[..]
Four trial dates have been set and then rescheduled in Aguilar’s case since 2020. As of Wednesday, no new trial date had been set.
New motion, sealed exhibits filed
On March 8, federal public defender Lewis Berray Gainor filed a nine-page motion to compel prosecutors to release evidence in the case as part of the discovery process. Along with the motion, Gainor filed three sealed exhibits that are not available to the public.
In their motion to compel, Aguilar’s defense team requested “all video or audio footage, or any other evidence of Ms. Aguilar’s first trip to the Leon River site with law enforcement on the morning of July 1, 2020, or any other undisclosed evidence of statements by Ms. Aguilar,” according to the motion. “Without speculating too much, counsel believes that recordings of the trip might include exculpatory evidence, and is concerned the government is withholding the evidence for that reason, or that it was destroyed.”
Aguilar’s attorneys say in their motion that, on the evening of June 30, 2020, police observed Aguilar leaving her job and followed her to Fort Hood.
“Officers approached her at the base and informed her that they wanted to speak to her again,” according to the defense motion. “While she was told she was not under arrest, she was taken to the Fort Hood CID Office and interrogated by several officers from approximately 8:30 p.m. to nearly 1 a.m. She was not read her Miranda rights until nearly 3 hours into the interrogation, or roughly 11:23 p.m., when she was officially placed under arrest. Law enforcement then directed Ms. Aguilar to assist them by placing controlled calls to (Robinson).”
Her attorneys allege that police interrogated her several times between June 20, 2020, and July 6, 2020, when she was arraigned, “while concealing (Robinson’s) death from her.”
Twice on July 1, 2020, the day after Guillen’s remains were discovered, Texas Rangers allegedly took Aguilar to the Leon River site “and had her direct law enforcement around the area to search for further evidence,” according to the motion. “Despite the numerous official reports and references to video evidence of that night’s trip to the Leon River, the government asserts that the trip did not take place and has declined to provide any further evidence related to it.”
On Feb. 25, her attorneys filed a motion to suppress her statements to police because they say she was not presented in a timely manner to a magistrate judge, instead bringing her to the Leon River site. The Feb. 25 motion is sealed, but it is referenced in the March 8 motion to compel discovery.
A federal judge has not yet ruled on either of these defense motions.
