TX - Heidi Broussard, 33, & Margot Carey, 2 wks, Austin, 12 Dec 2019 *MEDIA MAPS TIMELINE NO DISCUSS

MAR 12, 2022
Defense: Texas Rangers searched home of woman accused of killing friend, kidnapping baby without warrant | KRQE News 13
The state cited three exceptions justifying the search and seizure of the home at that time: 1) law enforcement isn’t required to show probable cause when action is immediately necessary to protect human life, 2) there was an objective standard of reasonableness to enter, given the facts and circumstances of the case and 3) consent was given by someone authorized to provide consent, allowing Texas Rangers to enter the home without a warrant.

The state called its first witness, who was the lead detective on the case and is now a sergeant. He explained all the events leading up to Texas Rangers entering the home.

He recalled how he was first notified of the disappearance of Broussard and her newborn on Dec. 12, 2019. He explained the case became a high priority after speaking with the baby’s father, Shane Carey, and learning items necessary to care for a newborn were still at Broussard’s apartment. There were also medical concerns, due to the baby having jaundice.

The sergeant then stated multiple agencies got involved, including the Texas Department of Public Safety, Texas Rangers and the Federal Bureau of Investigation, as well as a number of local agencies and nonprofits. The FBI also deployed its Child Abduction Rapid Deployment Unit and set up a command post at an Austin Police Department office in south Austin, according to the sergeant.

He explained how Fieramusca became a person of interest after speaking with Carey, who told him at the time a friend of Broussard’s had a pregnancy around the same time, but there weren’t any pictures of the baby. A search for Fieramusca’s Facebook page found the account had been deleted, which the former detective also found to be unusual, given the timing.

[...]
 
MAR 29, 2022
Baby Snatcher ‘Bestie Killer’ to Walk Free? Defense Argues Search Warrant Never Served in Heidi Broussard Murder
A hearing for a Texas woman accused of killing her best friend and kidnapping her baby is underway in Travis County.

According to court documents, the hearing is in connection with capital murder charges against Magen Fieramusca, who stands accused of killing her friend, Heidi Broussard, in 2019, then kidnapping her newborn daughter. Fieramusca, 36, is also charged with tampering with evidence. She’s been behind bars since December 2019, awaiting trial. Her bond is $1.6 million.

The defendant’s lawyers argued last week that prior to entering the home where the defendant was found, investigators didn’t get a search warrant. In turn, the defense is requesting a motion to suppress the evidence found during the search.

[...]

The lead detective on the case (now a sergeant) testified that Fieramusca landed on his radar after Broussard’s fiancee, SahenCarey, who said Fieramusca was pregnant around the same time as Heidi, but there were no photos of her baby. Fieramusca also allegedly deleted her Facebook after Heidi disappeared, which the detective found troubling.

He also stated that nurses at the hospital where Heidi gave birth remembered the defendant showing up and wanting to hold Heidi’s newborn before the family did.
 
MAY 11, 2022
www.khou.com

Woman charged with best friend's murder, kidnapping her baby expected in court Thursday

[...]

Megan Fieramusca has a hearing before a Travis County judge at 9:15 a.m. for the capital murder of Heidi Broussard.

[...]

Her defense team argues law enforcement did not obtain a search warrant for the house in Houston before they went in. Law enforcement testified they entered out of concern for the baby but did not search the home until warrants were signed.

[...]

Mother of Heidi Broussard speaks about her murder​

 

Judge denies request to throw out evidence against woman accused of kidnapping Austin mother

TRAVIS COUNTY, Texas — Magen Fieramusca, the woman accused of kidnapping and killing Austin mother Heidi Broussard, has been denied her request to throw out evidence from a warrantless search

At a court hearing on Thursday, May 12, Judge Selena Alvarenga denied her defense team's request. They claimed that the evidence was illegally obtained when investigators entered the Harris County home without a search warrant. The judge ruled that Fieramusca voluntarily spoke with law enforcement at the home and understood her rights.


www.kvue.com

Judge denies request to throw out evidence against woman accused of kidnapping Austin mother

 
MAY 12, 2022

Judge denies request to throw out evidence against woman accused of kidnapping Austin mother​

Prosecutors testified that the home wasn't searched until warrants were signed.

After a five-minute recess on Thursday, Judge Selena Alvarenga returned to the bench. She said during the investigation that law enforcement was following various leads, which led them to the home where Fieramusca was found with baby Margo.

Judge Alvarenga said she believes law enforcement had reasonable, probable cause that a crime had been committed when they entered the home in pursuit of investigating a missing persons case. Law enforcement had reason to believe the baby could have been in imminent danger, the judge said. She said from the bench that the warrantless entrance was justified.
 

Key evidence will be allowed in capital murder trial of Megan Fieramusca

She's charged with killing Heidi Broussard so she could steal her baby. Attorneys for Fieramusca tried to have key evidence obtained in Harris County thrown out.
www.khou.com
www.khou.com

www.statesman.com

Judge rules all evidence can be used in trial for Austin mom Heidi Broussard's murder

A judge ruled Texas investigators' warrantless entry into Magen Fieramusca's home was justified as they searched for Heidi Broussard's daughter.
www.statesman.com

www.kxan.com

Texas mom killed, baby kidnapped: Judge says evidence can be used in Magen Fieramusca case

The state and defense presented their closing arguments in the hearing Friday. Back in March, the judge heard arguments and evidence in the hearing over a period of two days.
www.kxan.com
www.kxan.com
@Niner, Fieramusca’s next hearing is set for June 16.
 
MAY 12, 2022

Heidi Broussard case: KVUE's coverage since the beginning

KVUE has covered this case since the beginning, when Broussard and her infant daughter went missing in December 2019. About a week later, police found Broussard's body in the trunk of a car in Harris County.

2022​

2021​

2020​

2019​

 
JAN 11, 2023

Attorneys for woman accused of kidnapping, killing Austin mother appear in court

Attorneys for Magen Fieramusca, the woman accused of kidnapping and killing Austin mother Heidi Broussard in 2019, appeared in court Wednesday morning for an update on her case.

Judge Selena Alvarenga set Fieramusca's arraignment hearing for Jan. 31. Her grand jury trial is set to begin on March 13.

In court Wednesday, Alvarenga stated that Fieramusca's case "needs to move" and that "both sides need a resolution."

"Fieramusca has been in custody for 1,119 days," Alvarenga said, also stating, "Fact of the matter is, this is a very old case."
 
JAN 11, 2023

Magen Fieramusca case in court Wednesday for next round of hearings

By 'resolution', I'm assuming they mean some kind of a 'plea deal'? Would that be like Fieramusca pleads guilty so she doesn't get the death penalty?

Fieramusca herself did not appear because she was placed in a COVID unit at the jail and couldn’t be brought in, according to the court. However, the attorneys still met with the judge to provide updates on the case and reschedule the hearing.

Once the attorneys approached the bench, the judge addressed the fact that Fieramusca has been in custody for over 1,000 days and emphasized the need to move forward with the next steps in the case.

The judge informed the attorneys that if the two parties could not agree on a resolution soon, the case would go to a jury trial this March.

Fieramusca is now scheduled to appear in court on Jan. 31 for her arraignment hearing.

This would have been Fieramusca’s first in-person court appearance since May 2022 when the state and defense attorneys presented arguments regarding the evidence the Texas Rangers obtained when they entered Fieramusca’s Houston home on Dec. 19, 2019.
 
JAN 24, 2023

Woman accused of killing Heidi Broussard to steal baby will take plea deal, 55-year sentence

[...]

"We hope that this outcome brings some closure and allows the Broussard and Carey families to continue their healing process," the Travis County DA's office said in a statement. "Our hearts continue to break for them and their immeasurable loss."

Fieramusca was originally charged with capital murder. Fieramusca's attorney, Brian Erskine, said he felt the plea agreement was appropriate.

"As charged, Ms. Fieramusca was looking at life without the possibility of parole," Erskine said. "After considerable discussion, in conjunction with significant compelling mitigation related to Ms. Fieramusca and the possible appellate issues related to the search of her residence, both parties feel that this is the appropriate resolution. I imagine many have questions that will never be adequately answered. Nevertheless, I hope that this plea brings some closure to this family’s great loss."

[...]

Plea agreement reached in case of Austin woman accused of killing friend, kidnapping her baby

Travis County District Attorney Jose Garza said this plea, that includes Fieramusca waiving her right to appeal, will save the family from potentially decades of litigation.

"People have the right to appeal to the Court of Appeals and to the Texas Court of Criminal Appeals and sometimes to the Supreme Court. And for a family, particularly for a family that has lost a loved one, living through that process can be very, very difficult. When we are able to secure a plea agreement that we think is a just outcome, it can save the family from that process," Garza said.

Woman accused of kidnapping, killing Austin mother in 2019 to take plea deal

The Travis County District Attorney's Office's shared the following statement with KVUE:
"On January 31, the District Attorney’s Office expects Megan [Magen] Fieramusca to plead guilty to the murder of Heidi Broussard. The plea is conditioned on Ms. Fieramusca receiving a sentence of 55 years and waiving her right to appeal, meaning that the defense will not be able to litigate decisions made by the Court during pre-trial litigation. We hope that this outcome brings some closure and allows the Broussard and Carey families to continue their healing process. Our hearts continue to break for them and their immeasurable loss."
 
Thank you for providing this information; This case got lost when the pandemic hit. Thank goodness she is taking a plea- she gets 55 years, but I wonder when she will be eligible for parole? so many of these horrible killers (and this is one of the worst cases I have ever heard of), wind up spending perhaps 20 years in prison and then get out on parole and that bothers me in the worst way.
 
JAN 24, 2023
Broussard’s mother, Tammy, confirmed that she was told about the sentence and will be in court on Tuesday, Jan. 31.

Broussard said she still doesn’t know why Magen killed her daughter, she said the two were supposed to be friends.

“I have a big portrait of Heidi and Shane and the kids and I am bringing that and hopefully they will let me put it in the courtroom so that she can see what she has done, something that will remind her of what she has done,” Broussard said. “I don’t have any ill feelings towards her, God has set me at peace, and we just have to get this done.”
 
I couldn't find where this article was posted before, so posting it now:

Green told the Texas Rangers that he had witnessed Fieramusca's belly grow during her pregnancy, but they had a rocky relationship and he never saw her pregnant stomach. She told him she was carrying his child. When a Ranger asked Green where she gave birth, he said, "She's been really distant with me about that stuff. I don't know why."

One day, Green came home, and there was an infant on the bed in his house, he told the Rangers. He and Fieramusca named the child Luna.

The Ranger also asked Green if he knew Broussard. He replied that Fieramusca knew her, and he knew she was missing.


"Is that starting to make sense to you — how it might be tied together?" the Texas Ranger asked Green.

"Tied together?" he repeated, baffled.
....
"It's fair to say y’all were right — the child was Margot, and Heidi was deceased," Brian Erskine, Fieramusca's attorney, said as he questioned a Ranger on the stand. "But you would agree with me that, as terribly important as it is to protect children and their safety, that there are laws before you go into someone’s home."


 

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