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

[borndem]

Saw this today on the docket --
Note: this is the charge that has nothing to do with our Hania -- but I thought I'd list it anyway. All these cases are so backed up due to Covid19.
MyBoldRed.

This is the only mention of Michael McLellan on the Court Docket today.

District and Superior Courts of ROBESON County
Listing: 1 - 2 07/08/2021

Court Defendant ..DOB....Court Date..Room
Session...................... Case Number
District.. MCLELLAN,MICHAEL 08/03 .. 09/03/2021...003A
AM ......................................18CR055491

Source:
Calendars / Alert

 

[Niner]

Saw this today on the docket --
Note: this is the charge that has nothing to do with our Hania -- but I thought I'd list it anyway. All these cases are so backed up due to Covid19.
MyBoldRed.

This is the only mention of Michael McLellan on the Court Docket today.

District and Superior Courts of ROBESON County
Listing: 1 - 2 07/08/2021

Court Defendant ..DOB....Court Date..Room
Session...................... Case Number
District.. MCLELLAN,MICHAEL 08/03 .. 09/03/2021...003A
AM ......................................18CR055491

Source:
Calendars / Alert

Yes - I have that - that is the 2018 kidnapping charge.

 

[borndem]

Yeppers, it is. Just wanted to let folks know.
So many courtrooms are backed up due to Covid, I just wonder when things will get caught up in every trial court in the country... Years, I'm thinking. And the backlog could put some prosecutors more inclined to offer better deals -- hoping it would only be for small-time crime if it happens.
Exasperating... especially thinking about the folks in jail who didn't do whatever and can't post bond -- they're still sitting behind bars...

 

[Niner]

I'll shorten this up a bit...

Friday, September 3rd:
*Status Hearing (for 2018 kidnapping case) (@ 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 continued until 2022.
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. 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.
6/28/21 Update: Hania: McLellan in court virtually Thursday morning for a hearing was regarding motions that the defendant’s attorneys had filed. McLellan’s defense attorneys, Harold Pope & Geoffrey Hosford, asked for the full case file from the FBI’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 other motion was for the preservation of evidence in the case. Pope said a motion had been filed earlier to review evidence in the custody of the police dept. In the past, he & Osman agreed on dates & 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 & 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. Judge Greg Bell agreed to both motions. The state did not offer any objections.
*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 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.
6/28/21 Update: Rape/Burglary: McLellan in court virtually Thursday morning for a hearing was regarding motions that the defendant’s attorneys had filed. McLellan’s defense attorneys, Harold Pope & Geoffrey Hosford, asked for the full case file from the FBI’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 other motion was for the preservation of evidence in the case. Pope said a motion had been filed earlier to review evidence in the custody of the police dept. In the past, he & Osman agreed on dates & 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 & 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. Judge Greg Bell agreed to both motions. The state did not offer any objections.
*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.
6/28/21 Update: Sex offense: McLellan in court virtually Thursday morning for a hearing was regarding motions that the defendant’s attorneys had filed. McLellan’s defense attorneys, Harold Pope & Geoffrey Hosford, asked for the full case file from the FBI’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 other motion was for the preservation of evidence in the case. Pope said a motion had been filed earlier to review evidence in the custody of the police dept. In the past, he & Osman agreed on dates & 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 & 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. Judge Greg Bell agreed to both motions. The state did not offer any objections.
*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.

 

[borndem]

Here's what the docket says today, but there's no detail WRT what is to happen. I looked at the other listing by Courtroom No., and there is no detail on McLellan whatsoever. I'll check on Tuesday, the 7th...
It's probably just another status meeting.
See my following post.

Listing: 1 - 12 09/03/2021

Court Defendant Date of
Birth Court
Date Court
Room Session Case
Number Citation
Number
District MCLELLAN,MICHAEL 08/03 02/23/2022 003A AM 18CR055491
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS001998
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056270
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056271
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056272
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056273
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056274
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056275
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056276
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056277
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056278
Superior MCLELLAN,MICHAEL 08/03 09/07/2021 002A AM 18CRS056279
--------------------------------------------------------------
Source:
Calendars / District and Superior Court Query

 

[borndem]

Here's what on MSM -- very disappointing. Grrrrrrrrr.

Man charged in murder of 13-year-old Lumberton girl not likely to be tried this year
by Tonya Brown
Monday, June 7th 2021
LUMBERTON, N.C. (WPDE) — A man charged in the kidnapping and murder of a 13-year-old Lumberton girl in November of 2018 isn't likely to be tried this year, according to court officials.

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.

More here:
Man charged in murder of 13-year-old Lumberton girl not likely to be tried this year

 

[Niner]

@borndem - that article above is from June, 2021 - but thanks for the court date for the 2018 kidnapping charge.

 

[borndem]

Jūs esat laipni gaidīti !

 

[Niner]

Tuesday, Sept. 7th:
*Administrative 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 6/7/21 reference post #264 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
6/28/21 Update: Hania: McLellan in court virtually Thursday morning for a hearing was regarding motions that the defendant’s attorneys had filed. McLellan’s defense attorneys, Harold Pope & Geoffrey Hosford, asked for the full case file from the FBI’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 other motion was for the preservation of evidence in the case. Pope said a motion had been filed earlier to review evidence in the custody of the police dept. In the past, he & Osman agreed on dates & 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 & 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. Judge Greg Bell agreed to both motions. The state did not offer any objections.
*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 6/1/21 reference post #264 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
6/28/21 Update: Rape/Burglary: McLellan in court virtually Thursday morning for a hearing was regarding motions that the defendant’s attorneys had filed. McLellan’s defense attorneys, Harold Pope & Geoffrey Hosford, asked for the full case file from the FBI’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 other motion was for the preservation of evidence in the case. Pope said a motion had been filed earlier to review evidence in the custody of the police dept. In the past, he & Osman agreed on dates & 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 & 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. Judge Greg Bell agreed to both motions. The state did not offer any objections.
*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 6/7/21 reference post #264 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
6/28/21 Update: Sex offense: McLellan in court virtually Thursday morning for a hearing was regarding motions that the defendant’s attorneys had filed. McLellan’s defense attorneys, Harold Pope & Geoffrey Hosford, asked for the full case file from the FBI’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 other motion was for the preservation of evidence in the case. Pope said a motion had been filed earlier to review evidence in the custody of the police dept. In the past, he & Osman agreed on dates & 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 & 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. Judge Greg Bell agreed to both motions. The state did not offer any objections.
*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 2/23/21 reference post #264 here:
NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
5/21/21 Update: Kidnapping: Next status hearing on 9/3/21 am session. 9/3/21 Update: Kidnapping: Next status hearing on 2/23/22 am session.

 

[girlhasnoname]

I get so angry when I check in and there are just delays after delays. I know Covid has backed the system up, but we've seen some cases that have happened after this one, that have already been tried.

This monster should have never been on the streets to begin with. Come on NC get it together for Hania and her family's sake.

 

[Niner]

Hey @borndem - Is real life keeping you busy?

Just wondering if there might be an update for Hania's case & the other ones - EXCEPT for the 2018 kidnapping charge, which I have next hearing on 2/23/22.

TIA!

 

[JerseyGirl]

3 years later, still no trial in abduction, killing of Lumberton teen

 

[PommyMommy]

3 years later, still no trial in abduction, killing of Lumberton teen

Good to see some news about Hania's case. Wish they'd give us a trial date, though!

From the article:

Robeson County District Attorney Matthew Scott said they're making progress on the case and are moving toward a trial.

Scott said they're in the process of turning over evidence in federal custody to McLellan's lawyers.

 

[Seattle1]

3 years later, still no trial in abduction, killing of Lumberton teen

From the link, seems the FBI participated in the initial search for Hania but I'm surprised to read that the DA is waiting on evidence from the feds -- three years later.

Also, if ever there was a case worthy of wrongful death lawsuit by the victim's family, it was this family. I believe the statute of limitations to file has since passed. Has anybody read that a suit was filed and I missed it?

 

[Niner]

@borndem - mans draugs! Hope life is treating you good!

Any news on the court site for Hania's case plus the other ones, except for the 2018 kidnapping one?

TIA!

 

[Niner]

@borndem - are you around? Hope all is well!! Anything new on this one?

TIA!

 

[Niner]

another

for @borndem !


edited to add: an update for Hania's case & the other ones - EXCEPT for the 2018 kidnapping charge, which I have next hearing on 2/23/22.

 

[borndem]

Hello, my friend -- no trial date for him that has to do with our Hania.
All that's out there right now is this:
-------------------------------------------------
District and Superior Courts of ROBESON County

Listing: 1 - 1 01/17/2022

Court Defendant Date of
Birth Court
Date Court
Room Session Case
Number Citation
Number

District MCLELLAN,MICHAEL 08/03 02/23/2022 003A AM 18CR055491

----------------------
Calendars / District and Superior Court Query
========================================
Case Details
01/17/2022
Case Number:
18CR055491
Defendant Name:
MCLELLAN,MICHAEL
County:
ROBESON
Court Date:
02/23/2022
Session:
AM
Court Room:
003A
Citation:
Arraigned Offenses

Offense Code Description Statute
5224 Felony-POSSESSION OF FIREARM BY FELON 14-415.1
1028 Felony-SECOND DEGREE KIDNAPPING 14-39
1202 Felony-ATT ROBBERY-DANGEROUS WEAPON 14-87

<< Back to search results

--------------------------------------------------------------
Calendars / Alert

 

[Niner]

Okay - thanks for checking it out @borndem !

Guess I'll wait another month - maybe after his hearing on kidnapping charges on 2/3.

 

[Niner]

Hey @borndem - just got this article -

FBI: Man charged with kidnapping, death of North Carolina teen | The Shepherd of the Hills Gazette

Feb. 15, 2022
....He is being held without bond in the Robeson County Detention Center. He will appear in court Monday at the Robeson County Courthouse.

Says he is going to appear on Monday - so assuming this is next Monday 2/21 - ?? Do you find anything in the court site? And "which" case this might be - Hania's hopefully!!