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

[PommyMommy]

@PommyMommy - it has been a few weeks since I last asked. Any court dates yet?

TIA!

I have the 2018 kidnapping (18CR055491) on 9/9/22 - so need to look that one up. If you need the case #s - I can post those.

Nothing new.

 

[Niner]

Nothing new.

Darn... but thanks for taking the time to look!

 

[Wallendo]

This is the most recent news on the case (it is quite old), but did mention some details of which I was not aware:

Lawyer of suspect in rape, killing of Lumberton teen seeks to withdraw from case

One of the lawyers representing a man charged in the brutal killing and rape of a Lumberton teen has filed a motion to withdraw from the case, according to Robeson County District Attorney Matthew Scott. Michael McLellan, 36, is charged with 10 felonies, including first-degree murder...

wpde.com

Our local paper hasn't written anything about the case recently.

 

[Niner]

This is the most recent news on the case (it is quite old), but did mention some details of which I was not aware:

Lawyer of suspect in rape, killing of Lumberton teen seeks to withdraw from case

One of the lawyers representing a man charged in the brutal killing and rape of a Lumberton teen has filed a motion to withdraw from the case, according to Robeson County District Attorney Matthew Scott. Michael McLellan, 36, is charged with 10 felonies, including first-degree murder...

wpde.com

Our local paper hasn't written anything about the case recently.

It says "Forbidden" for me (Europe) - can give a 10% synopsis of the article - and specifically on the details you were not aware of?
TIA!

 

[Wallendo]

This is what I found interesting.

The documents state that after the abduction of Hania on Nov. 5, two people indicated that Michael Ray McLellan arrived at their home in the Deerfield Mobile Home Park between 9:30 a.m. and 10 a.m., about two and a half hours after Hania was kidnapped. The documents show McLellan was wearing all black or dark clothing, a black hoodie, a yellow bandanna and having a yellow bag.

Other than the bag, this is the same description provided by the eyewitness to Hania's abduction.

The two people indicated McLellan was all wet, according to documents. They said he had a cup of loose change. Documents state that the owner of the green SUV used in the kidnapping said a cup of loose change was missing from her SUV. Documents show that McLellan was trying to sell two video monitors. When the SUV was found and processed, it was missing two video monitors, according to court papers.

The primary point of the article is that one of his lawyers asked to be removed from the case since is is a death penalty case.

Events like this tend to delay trials.

There are 135 persons on Death Row, but there has not been an execution since 2006.

A "death penalty" conviction in North Carolina is mostly symbolic.

 

[Niner]

This is what I found interesting.



The primary point of the article is that one of his lawyers asked to be removed from the case since is is a death penalty case.

Events like this tend to delay trials.

There are 135 persons on Death Row, but there has not been an execution since 2006.

A "death penalty" conviction in North Carolina is mostly symbolic.

Thank you so much for the quotes from the article - I did not know that either!

Same as California on the death penalty....

 

[Niner]

Oops - I forgot to post this on Friday... will now - to keep my notes straight!

Friday, Sept. 9th:
*Status Hearing (2018 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 37) 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 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Hania: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 am session.
*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 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Rape/Burglary: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 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 6/28/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
9/7/21 Update: Sex offense: Next status hearing on 4/8/22 for am session. 4/8/22 Update: Next hearing on 6/6/22 am session.
*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 9/3/21 reference post #290 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-15
2/23/22 Update: Kidnapping: Next am session for status hearing on 4/8/22. 4/8/22 Update: Next am session hearing on 9/9/22.

 

[Niner]

@PommyMommy - any word on the other cases? TIA!

 

[PommyMommy]

@PommyMommy - any word on the other cases? TIA!

I still can't pull up anything other than the kidnapping charge. That one shows his next court date is 01/13/2023.

Calendars / Alert

www1.aoc.state.nc.us

 

[Niner]

I still can't pull up anything other than the kidnapping charge. That one shows his next court date is 01/13/2023.

Calendars / Alert

www1.aoc.state.nc.us

Okay - I will put the 2018 kidnapping case on 1/13/23. Thank you for checking the others.

Just checked the date - the 13th is a Saturday...

 

[PommyMommy]

Okay - I will put the 2018 kidnapping case on 1/13/23. Thank you for checking the others.

Just checked the date - the 13th is a Saturday...

You're welcome. And 1/13/23 is a Friday on my calendar, lol.

 

[Seattle1]

I'd missed this news link from Nov 2021 and just learned from the DA that evidence in federal custody is being turned over to McLellan's lawyers. Huh? What's this about -- a prior federal case of did feds also file federal charges against the defendant for Hania's case?

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

Three years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on November 5, 2018, in Lumberton. Aguilar was abducted from outside her family’s home back off of Elizabethtown Road in Lumberton. She was found dead on Nov. 27 in a...

wpde.com

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.

 

[PommyMommy]

More info here, @Seattle1:

JUL 1, 2022

Case of the death of 13-year-old Hania Aguilar returns to court | Robesonian

www.robesonian.com

[...]

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 company evaluates and assesses DNA evidence and that assessment is underway but in order for them to tell us their opinion regarding the validity of the testing we’ve received thus far, they need the underlying data, which is provided by the statute for discovery, not just the report but the underlying data,” Pope said.

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.

[...]

 

[Seattle1]

More info here, @Seattle1:

JUL 1, 2022

Case of the death of 13-year-old Hania Aguilar returns to court | Robesonian

www.robesonian.com

[...]

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 company evaluates and assesses DNA evidence and that assessment is underway but in order for them to tell us their opinion regarding the validity of the testing we’ve received thus far, they need the underlying data, which is provided by the statute for discovery, not just the report but the underlying data,” Pope said.

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.

[...]

Thank you @PommyMommy. I never dreamed that nearly 4 years later, FBI was still processing the forensic evidence. Heartbreaking how slow the wheels have turned (and continue to turn) for this young, brown girl.

 

[Niner]

You're welcome. And 1/13/23 is a Friday on my calendar, lol.

Oops... must put on my reading glasses when I look at the computer screen... thanks!

More info here, @Seattle1:

JUL 1, 2022

Case of the death of 13-year-old Hania Aguilar returns to court | Robesonian

www.robesonian.com

[...]

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 company evaluates and assesses DNA evidence and that assessment is underway but in order for them to tell us their opinion regarding the validity of the testing we’ve received thus far, they need the underlying data, which is provided by the statute for discovery, not just the report but the underlying data,” Pope said.

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.

[...]

and thanks for this info - will update my notes. Hopefully SOON we will have a court date for Hania's case!!

 

[girlhasnoname]

Thank you @PommyMommy. I never dreamed that nearly 4 years later, FBI was still processing the forensic evidence. Heartbreaking how slow the wheels have turned (and continue to turn) for this young, brown girl.

ITA 100%, sickening.

 

[margarita25]

 

[Niner]

Got this in my alerts - but it says Forbidden to me... can anyone see this - and if so - give a 10% synopsis on it, please? Also - any dates would be great.

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

Four years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on Nov. 5, 2018 in Lumberton.Ag

wpde.com

He does have a hearing for the 2018 kidnapping on 1/16/23, but the other charges including Hania's murder are still on 6/6/22.


@PommyMommy - anything new in the court site? I can give you the case #s if you need them. Everything - except #18CR055491 TIA!

 

[happy128]

Got this in my alerts - but it says Forbidden to me... can anyone see this - and if so - give a 10% synopsis on it, please? Also - any dates would be great.

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

Four years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on Nov. 5, 2018 in Lumberton.Ag

wpde.com

He does have a hearing for the 2018 kidnapping on 1/16/23, but the other charges including Hania's murder are still on 6/6/22.


@PommyMommy - anything new in the court site? I can give you the case #s if you need them. Everything - except #18CR055491 TIA!

Making progress on case and moving forward toward a trial. Turning over evidence in federal custody to McLellan's lawyers. Crimes do fit criteria to seek the death penalty and it was announced in June 2019 that is what they are doing. He will have two attorneys representing him. Autopsy doesn't list specific cause of death but was likely a form of asphyxia.. was listed as homicidal violence of undetermined means. Her unclad, mildly-decomposed body was found "partially submerged in a muddy pit under a plastic folding table." Then, there is a 3 paragraph quote from the autopsy report. FBI assisted early on and charged with 10 felonies. It talks briefly about the 2 investigators who lost their jobs following internal investigation because they didn't follow up with DNA evidence from a previous case. There are several paragraphs quoting witnesses. Not really any dates provided other than the known ones of the crime.



LUMBERTON, N.C. (WPDE) — Four years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on Nov. 5, 2018, in Lumberton.

Aguilar was abducted from outside her family’s home back off of Elizabethtown Road in Lumberton. She was found dead on Nov. 27 in a wooded and swampy area off of Wire Grass Road in Lumberton.

Michael McLellan has been charged in the case and is still waiting to be tried.

Robeson County District Attorney Matthew Scott hasn't returned our phone calls for any updates regarding a possible trial date.

 

[StarryStarryNight]

Got this in my alerts - but it says Forbidden to me... can anyone see this - and if so - give a 10% synopsis on it, please? Also - any dates would be great.

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

Four years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on Nov. 5, 2018 in Lumberton.Ag

wpde.com

He does have a hearing for the 2018 kidnapping on 1/16/23, but the other charges including Hania's murder are still on 6/6/22.


@PommyMommy - anything new in the court site? I can give you the case #s if you need them. Everything - except #18CR055491 TIA!

There is really not that much information in this article. Certainly no information on why it’s been four years and no trial date has been set.

—they are seeking the death penalty as of 2019
—evidence from Federal sources is being turned over to the defense. No date.
—sheriff is silent when asked about updates
—cause of death not released other than it appeared to be asphyxiation
—two witnesses reported McClellan showing up that day, wet, dressed like way the police said the suspect was dressed. He washed his clothes there and turned off his phone when the Amber Alert was issued
—before the crime McClellan told someone he was planning some robberies at the mobile home park
—two detectives were let go because of messing something up with the DNA that caused a delay in the arrest

That’s about it.