NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* #5

[Seattle1]

Case Number:
18CRS056274

Court Date:
06/07/2021

Arraigned Offenses
Offense Code Description Statute
1030 Felony-FELONIOUS RESTRAINT 14-43.3

Calendars / Alert

 

[Seattle1]

And Case Numbers ....5670 and 5675-79 all remain on the court calendar for 6/07/2021

Calendars / District and Superior Court Query

Sorry @Niner -- short on time.

 

[Niner]

Hey @Seattle1 - thank you for all that info! And thanks for taking the time to find those. Much appreciated.

 

[PommyMommy]

#Justice4Hania!

Image source: Search for kidnapped Hania Aguilar enters 2nd week (wspa.com)

Image source: Active searches continue for abducted Lumberton teen Hania Aguilar

Image source: Family, friends to remember murdered teen Hania Aguilar on her birthday Thursday

 

[Niner]

Monday, June 7th:
*Status Hearing (for Hania, 2016 rape/burglary case & 2018 rape/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 36) 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.
Trial set to begin in June, 2021 (no specific date yet).
Court info from 12/7/18 thru 12/7/20 reference post #233 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
2/1/21 Update: Hania: Next hearing on 6/7/21.
*Charged (12/10/18) & indicted (1/7/19) with 1st degree rape & 1st degree burglary. $5M bond. Revoked (12/10/18).
Court info from 9/9/19 thru 12/7/20 reference post #233 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
2/1/21 Update: Rape/Burglary: Next hearing on 6/7/21.
*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.
Court information from 12/7/18 thru 9/29/20 reference post #233 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
2/23/21 Update: Kidnapping: Next status hearing on 5/21/21 am session. 5/21/21 Update: Next status hearing on 9/3/21 am session.
*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 12/7/20 reference post #233 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
2/1/21 Update: Sex offense: Next hearing on 6/7/21.

 

[PommyMommy]

There are three dockets for today, June 7. I checked the one for Superior Court, Ctrm 002A and I don't see MM on there. I also checked the two District Court dockets just in case. He's not on either one of those either.

Calendars / Criminal Calendars (state.nc.us)

His case records still show 06/07/2021. I do note that the murder case is shown as the PM session though, so I'll check back this afternoon. MOO

Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS001998
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056271
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056272
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056273
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056274
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056275
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056276
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056277
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056278
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A AM 18CRS056279
Superior MCLELLAN,MICHAEL 08/03 06/07/2021 002A PM 18CRS056270

Calendars / District and Superior Court Query (state.nc.us)

 

[PommyMommy]

JUN 7, 2021
Robeson County man accused of killing Lumberton teen expected to appear in court | WPDE
Michael McLellan, the man being tried for the murder of 13-year-old Hania Noelia Aguilar in November of 2018, is expected to appear in court Monday.

McLellan is charged with 10 felonies related to Hania's case, including first-degree murder, first-degree rape and first-degree kidnapping.

[...]

Scott said they're still in the discovery phase of the case.

[...]

 

[girlhasnoname]

JUN 7, 2021
Robeson County man accused of killing Lumberton teen expected to appear in court | WPDE
Michael McLellan, the man being tried for the murder of 13-year-old Hania Noelia Aguilar in November of 2018, is expected to appear in court Monday.

McLellan is charged with 10 felonies related to Hania's case, including first-degree murder, first-degree rape and first-degree kidnapping.

[...]

Scott said they're still in the discovery phase of the case.

[...]

10 felonies related to Hania, that breaks my heart.

This worthless excuse of a human being should have been jailed on his other charges and Hania would still be alive today.

 

[PommyMommy]

10 felonies related to Hania, that breaks my heart.

This worthless excuse of a human being should have been jailed on his other charges and Hania would still be alive today.

Yessss! An absolute travesty.

 

[borndem]

@Niner and @PommyMommy -- thanks for all the info above!
We seem to get that rock pushed up the hill, and like Sisyphus, that rock just rolls back over whatever progress this case has accomplished. I really shouldn't be so judgemental and impatient, but there it is. Every court in the country is experiencing Covid delays, I've read.
I've just checked the dockets for MM, too, and Courtroom 002A is not even mentioned for 06/07. SMH. So, I guess we get goose eggs again on this child-killer (and all the rest of his list of offenses) for the time being. Still in discovery, my big foot...SMH. This is indeed a big trial. I'm sure there is a lot of discovery, and Covid has a lot of things backed up, but this beautiful child's family still has this thing hanging over them, every day, every day, every day. Drip, drip, drip.

Apparently, Courtroom 002A is the courtroom for criminal trials -- it's usually the largest one this county has -- at least that's what I've seen in several NC criminal trials -- certain things are arranged there for big-deal trials.
So we wait... <sigh>

 

[PommyMommy]

JUN 7, 2021
Man charged in murder of 13-year-old Lumberton girl not likely to be tried this year | WPDE
[...]

A hearing was held Monday afternoon at the Robeson County Courthouse for a status update in the case of 36-year-old Michael McLellan.

McLellan wasn't present, but his lawyers spoke on his behalf.

They said they're just not ready for trial due to setbacks they've faced.

"In addition to capital case, there are two unrelated rape cases in 2019. We are nowhere near prepared for trial just yet. In addition to COVID delays, there are some delays with experts," said Harold "Butch" Pope.

Pope said they filed two motions Monday morning for FBI data gathered in the case and the reserving of evidence.

A hearing on those motions will be held on June 28.

[...]

 

[borndem]

Docket info:

Defendant.....................DOB...Court Date/Room /Session/
...............................................................Citation Number
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS001998
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056270
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056271
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056272
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056273
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056274
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056275
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056276
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056277
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056278
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 18CRS056279
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 19CRS000898
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 19CRS000899
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 19CRS000900
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 19CRS000901
MCLELLAN,MICHAEL 08/03 06/28/2021 002A AM 19CRS000910

 

[borndem]

I just checked the docket -- same info, but no add'l info.
I'll keep checking...

 

[Niner]

I just checked the docket -- same info, but no add'l info.
I'll keep checking...

Thanks!

 

[borndem]

Again I just checked -- no change -- I have no idea when docket changes/additions, etc., are done. Nothing on MSM, either.
Maybe next week we'll see something...

 

[Niner]

Monday, June 28th:
*Motions Hearing (for Hania, 2016 rape/burglary case & 2018 rape/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 36) 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.
Trial was set to begin in June, 2021
Court info from 12/7/18 thru 12/7/20 reference post #233 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
2/1/21 Update: Hania: Next hearing on 6/7/21 at pm session. 6/7/21 Update: A hearing was held Monday afternoon at the Robeson County Courthouse for a status update in the case of McLellan. McLellan wasn't present, but his lawyers spoke on his behalf. They said they're just not ready for trial due to setbacks they've faced. "In addition to capital case, there are two unrelated rape cases in 2019. We are nowhere near prepared for trial just yet. In addition to COVID delays, there are some delays with experts," said Harold "Butch" Pope. Pope said they filed two motions Monday morning for FBI data gathered in the case & the reserving of evidence. A hearing on those motions will be held on 6/28/21. A second admin or status hearing will be held for McLellan in December. His lawyers said at that time, a trial date could be set, but that's not for certain at this time. McLellan remains in custody at a prison in Raleigh.
*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 12/7/20 reference post #233 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
2/1/21 Update: Rape/Burglary: Next hearing on 6/7/21 at am session. 6/1/21 Update: A hearing was held Monday afternoon at the Robeson County Courthouse for a status update in the case of McLellan. McLellan wasn't present, but his lawyers spoke on his behalf. They said they're just not ready for trial due to setbacks they've faced. "In addition to capital case, there are two unrelated rape cases in 2019. We are nowhere near prepared for trial just yet. In addition to COVID delays, there are some delays with experts," said Harold "Butch" Pope. Pope said they filed two motions Monday morning for FBI data gathered in the case & the reserving of evidence. A hearing on those motions will be held on 6/28/21. A second admin or status hearing will be held for McLellan in December. His lawyers said at that time, a trial date could be set, but that's not for certain at this time. McLellan remains in custody at a prison in Raleigh.
*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 12/7/20 reference post #233 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
2/1/21 Update: Sex offense: Next hearing on 6/7/21 at am session. 6/7/21 Update: A hearing was held Monday afternoon at the Robeson County Courthouse for a status update in the case of McLellan. McLellan wasn't present, but his lawyers spoke on his behalf. They said they're just not ready for trial due to setbacks they've faced. "In addition to capital case, there are two unrelated rape cases in 2019. We are nowhere near prepared for trial just yet. In addition to COVID delays, there are some delays with experts," said Harold "Butch" Pope. Pope said they filed two motions Monday morning for FBI data gathered in the case & the reserving of evidence. A hearing on those motions will be held on 6/28/21. A second admin or status hearing will be held for McLellan in December. His lawyers said at that time, a trial date could be set, but that's not for certain at this time. McLellan remains in custody at a prison in Raleigh.
*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 9/29/20 reference post #233 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
2/23/21 Update: Kidnapping: Next status hearing on 5/21/21 am session. 5/21/21 Update: Next status hearing on 9/3/21 am session.

 

[PommyMommy]

JUL 1, 2021
Judge approves new motions filed in Hania Aguilar murder case (wmbfnews.com)
The man accused of kidnapping and murdering 13-year-old Hania Aguilar appeared in court virtually Thursday morning for a hearing.

The hearing for Michael McLellan was regarding motions that the defendant’s attorneys had filed.

One motion was for discovery, specifically related to material that is in the possession of, or created by, the FBI as part of the investigation. The other motion was for the preservation of evidence in the case.

Judge Greg Bell agreed to both motions. The state did not offer any objections.

[...]

 

[borndem]

No mention of McLellan on the docket today. It'll probably be a while before we see anything since things have been moved to September.
Thanks for the update, P-Mommy.
So we wait. SMH

 

[PommyMommy]

You're welcome, @borndem. Here's another one.

JUL 1, 2021
Case of the death of 13-year-old Hania Aguilar returns to court | Robesonian
[...]

McLellan joined the Thursday hearing via video call because of issues related to transportation back to Central Prison in Raleigh after the hearing, according to his attorneys. ... McLellan wore a yellow polo shirt and sat quietly during the hearing, only answering court officials when spoken to.

[...]

McLellan’s defense attorneys, Harold Pope and Geoffrey Hosford, asked for the full case file from the Federal Bureau of Investigation’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 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 and zoology testing, FBI lab quality assurance manual, the most recent lab audit results and any and all photographs from investigating agencies, according to Pope.

“Once we have that information, we can provide that to our doctors, experts then they may provide us with a complete file report and assessment of evidence. Whether or not we may need retesting, we don’t know at this point,” he said.

[...]

If additional testing is needed, the motion to preserve evidence will come into play, Pope said.

[...]

Pope said a motion had been filed earlier to review evidence in the custody of the police department. In the past, he and Osman agreed on dates and met with the evidence custodian for other cases, Pope said.

Osman said he just suggested the defense notify the district attorney’s office of a date and time. He does not have to be present during the defense’s review with the evidence custodian, the assistant district attorney said.

An administrative hearing is set for Sept. 7.

 

[borndem]

Thanks for finding that article, P-Mommy!
Ahhh, the good ol' Robesonian newspaper! I grew up on it, but it was back when, like so many other local newspapers, the paper was owned by locals, reported, written and edited by locals, delivered by "paper boys", etc., etc.
Anyway, an informative news report... McLellan and his attorneys seem to be getting many things they've requested -- the judge, IMO, is trying to be as fair as possible in this horrible situation, and that is probably good -- less to hang an appeal on, if he is convicted, etc., etc.
Hoping the prosecution team is sharp, tuff, and will also have a fair shake at whatever they need in this long struggle for some wisp or semblance of justice. Grrrrr.
Hania is gone and she will not return to her family other than in their memories, and we and the world have lost her, too.