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

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DFWNF said:
Perhaps it is in reference to that. I don't recall zoology before: "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."
Click to expand...
In my unqualified opinion, it's probably going to be about bugs. They grow and develop on a timeline. It would be one way they could be sure she was killed within hours of being taken, not days or weeks later.

MOO
 
Just lock this animal up and throw away the key. I'm usually not pro Death Penalty, but I'd make an exception in this case. He kidnapped, raped and murdered this poor girl while she was waiting to go to school. His history of violence, especially against women is extreme.

If the backlog of rape test kits had been anywhere nearly updated, and the poor woman who reported him for rape just months before been taken seriously, Hania might well be alive today. He took more than just her life, he stole part of her family's lives and future as well.

MOO
 
Monday, December 4th:
*Status Hearing (All charges) (@ 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 38) indicted (12/3/18), arrested (11/13/18), charged (5/14/19) & indicted (additional charges 5/16/19) 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. Plead not guilty. Held without bond. DA will seek DP.
DNA found in car matched McLellan.
Trial was set to begin in June, 2021 continued until 2022 & continued on 9/18/23 & has been continued on 2/5/24.
Superior Court Judge James Gregory Bell presiding. Robeson County District Attorney Matthew Scott.
Court info from 12/7/18 thru 12/5/22 reference post #380 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-19
4/27/23 Update: Next hearing on 6/5/23 pm session. 6/5/23 Update: A trial for McLellan is scheduled for 2/5/24 in Robeson County. He had been tentatively set to go on trial on Sept. 18, but a motion to continue the trial was granted in April by Superior Court Judge James Gregory Bell.
11/7/23 Update: More than 20 new motions have been filed by lawyers of McLellan ahead of his trial. The recent motions filed in the case involve several matters, including a motion for all phone records in the case, names of expert witnesses the state intends to call & information regarding any deals or concessions made to state witnesses, a motion for all investigators who worked Hania's killing to turn over all information related to the case, including notes, to prosecutors. McLellan's lawyers also want the death penalty removed or stricken from consideration. At this time, it's not clear if or when a hearing will be held on the motions filed by McLellan's attorneys.
11/27/23 Update: Next status hearing on 12/4/23.
*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 4/27/22 reference post #380 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-19
Rape/Burglary: see below.
*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 4/27/22 reference post #380 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-19
Sex offense: see below.
*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 4/14/22 reference post #380 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-19
4/27/23 Update: For ALL cases: North Carolina Superior Court Judge James Gregory Bell has continued the trial of McLellan from September to sometime early next year. Judge Bell made the decision during a hearing Thursday morning at the Robeson County Courthouse. McLellan's lawyers Emily Byrum & Harold "Butch" Pope filed a motion last month for a continuance due to delays & the withdrawal of an attorney on the case. Byrum told the judge she was just appointed to help represent McLellan last April & needed more time to prepare. Pope added this case has a lot of evidence or discovery to still be reviewed. “There is over 5,000 pages of discovery. And we just don’t represent Mr. McLellan on those 10 charges listed in a motion. We also represent him on unrelated charges. One being burglary and rape. One being strangulation & kidnapping, assault on a female. Another one being a firearm by a felon," said Pope. Robeson County District Attorney Matthew Scott said he understands the defense's issues, but the case has been on the docket for nearly five years. Both sides will meet in June & another date for trial could be set at that time. Hania’s case hearing on 6/5/23. 6/5/23 Update: A trial for McLellan is scheduled for 2/5/24 in Robeson County. He had been tentatively set to go on trial on Sept. 18, but a motion to continue the trial was granted in April by Superior Court Judge James Gregory Bell.
11/27/23 Update: Next status hearing on all above charges on 12/4/23.
 
PommyMommy said:
Court records show McClellan is expected to have a hearing in the case on Dec. 4.

WMBF News has reached out to the Robeson County District Attorney’s Office several times to find out what will happen during that hearing. We have not yet heard back.
Click to expand...
Not finding anything reported about the hearing on Monday by Julia Richardson or wmbfnews.com.
 
Got an alert!

www.wral.com

Trial delayed again for man charged in 2018 killing of Hania Aguilar

Michael McLellan waived his right to appear in court Wednesday for a hearing to continue his trial. He is charged with raping and killing Hania Aguilar.
www.wral.com www.wral.com

Dec. 8, 2023

The case against the man accused of killing a 13-year-old girl could be delayed again.

Michael McLellan waived his right to appear in court Wednesday for a hearing to continue his trial.
[.....]
McLellan’s lawyers filed a motion to continue his capital murder trial that was set to take place in February. They say they are missing evidence from cell phone data that was stored by the FBI.

and this one

www.wwaytv3.com

Trial pushed back for man accused of killing 13-year-old Lumberton girl - WWAYTV3

Robeson County Superior Court Judge James Greg Bell has continued the trial of a man charged in the abduction, rape and brutal killing of a 13-year-old girl in November of 2018.
www.wwaytv3.com www.wwaytv3.com

Dec. 8, 2023
LUMBERTON, NC (WPDE) — Robeson County Superior Court Judge James Greg Bell has continued the trial of a man charged in the abduction, rape and brutal killing of a 13-year-old girl in November of 2018.
[.....]
His lawyers said there were a number of factors that led them to seek a continuance, including COVID.

“As we moved along, we had Covid delays. Which set us back. Our client is being held at Central Prison. So, it was almost impossible for us to meet with our client during COVID and the shutdown. Our mental health experts, that we hired were reluctant to go into the prison, and could not go, sometimes due to COVID outbreaks," said Harold "Butch" Pope.
[.....]
[Harold "Butch"] Pope [defense attorney] told the judge they've also filed a motion for an Atkins Hearing.

An Atkins hearing is an evidentiary hearing to determine whether the defendant is intellectually disabled.

Pope said they had an evaluation done on McLellan.
[.....]
The hearing on the evaluation and intellectual disability matter will take place on January 29.

McLellan is expected to be present for that hearing.

His case could go to trial in July.
 
Niner said:
Got an alert!

www.wral.com

Trial delayed again for man charged in 2018 killing of Hania Aguilar

Michael McLellan waived his right to appear in court Wednesday for a hearing to continue his trial. He is charged with raping and killing Hania Aguilar.
www.wral.com www.wral.com

Dec. 8, 2023

The case against the man accused of killing a 13-year-old girl could be delayed again.

Michael McLellan waived his right to appear in court Wednesday for a hearing to continue his trial.
[.....]
McLellan’s lawyers filed a motion to continue his capital murder trial that was set to take place in February. They say they are missing evidence from cell phone data that was stored by the FBI.

and this one

www.wwaytv3.com

Trial pushed back for man accused of killing 13-year-old Lumberton girl - WWAYTV3

Robeson County Superior Court Judge James Greg Bell has continued the trial of a man charged in the abduction, rape and brutal killing of a 13-year-old girl in November of 2018.
www.wwaytv3.com www.wwaytv3.com

Dec. 8, 2023
LUMBERTON, NC (WPDE) — Robeson County Superior Court Judge James Greg Bell has continued the trial of a man charged in the abduction, rape and brutal killing of a 13-year-old girl in November of 2018.
[.....]
His lawyers said there were a number of factors that led them to seek a continuance, including COVID.

“As we moved along, we had Covid delays. Which set us back. Our client is being held at Central Prison. So, it was almost impossible for us to meet with our client during COVID and the shutdown. Our mental health experts, that we hired were reluctant to go into the prison, and could not go, sometimes due to COVID outbreaks," said Harold "Butch" Pope.
[.....]
[Harold "Butch"] Pope [defense attorney] told the judge they've also filed a motion for an Atkins Hearing.

An Atkins hearing is an evidentiary hearing to determine whether the defendant is intellectually disabled.

Pope said they had an evaluation done on McLellan.
[.....]
The hearing on the evaluation and intellectual disability matter will take place on January 29.

McLellan is expected to be present for that hearing.

His case could go to trial in July.
Click to expand...
JULY?!!! :mad:

"His case could go to trial in July."
 
Monday, January 29th:
*Evaluation/Intellectual Disability Hearing (All charges) (@ 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 39) indicted (12/3/18), arrested (11/13/18), charged (5/14/19) & indicted (additional charges 5/16/19) 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. Plead not guilty. Held without bond. DA will seek DP
DNA found in car matched McLellan.
Trial was set to begin in June, 2021 continued until 2022 & continued on 9/18/23 & has been continued on 2/5/24 & continued to July, 2024 (no specific date).
Superior Court Judge James Gregory Bell presiding. Robeson County District Attorney Matthew Scott.
Court info from 12/7/18 thru 11/7/23 reference post #423 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-22
11/27/23 Update: Next status hearing on 12/4/23 with Judge Greg Griffin presiding. See below
*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 4/27/22 reference post #423 here:
URL unfurl="false"]https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-22[/URL]
Rape/Burglary: see below.
*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 4/27/22 reference post #423 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-22
Sex offense: see below.
*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 6/5/23 reference post #423 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-22
11/27/23 Update: Next status hearing on all above charges on 12/4/23.
12/4/23 Update: he case against the man accused of killing Hania could be delayed again. McLellan waived his right to appear in court Wednesday for a hearing to continue his trial. McLellan’s lawyers filed a motion to continue his capital murder trial that was set to take place in February. They say they are missing evidence from cell phone data that was stored by the FBI. Harold "Butch" Pope [defense attorney] told the judge they've also filed a motion for an Atkins Hearing. An Atkins hearing is an evidentiary hearing to determine whether the defendant is intellectually disabled. Pope said they had an evaluation done on McLellan. Robeson County Superior Court Judge James Greg Bell has continued the trial to July, 2024. The hearing on the evaluation & intellectual disability matter will take place on 1/29/24 for ALL cases. McLellan is expected to be present for that hearing.
 
JAN 23, 2024
www.wmbfnews.com

Trial date pushed to July for man accused of kidnapping, raping, killing Lumberton teen

The trial for a man accused of killing a Lumberton teenager has been pushed back again.
www.wmbfnews.com www.wmbfnews.com
The clerk of Superior Court in Robeson County confirmed Michael McLellan’s trial has been moved to July 22.

She said a hearing was held in December where the trial date was pushed back.

This is the third time the trial date has been moved. The original date was set for Sept. 18, 2023.

JAN 24, 2024
www.cbs17.com

Trial delayed again for man charged in 2018 killing of Hania Aguilar in Robeson County

ROBESON COUNTY, N.C. (WBTW) — The trial for a man accused of kidnapping, raping and killing 13-year-old girl Hania Aguilar in Robeson County in 2018 has been delayed again. Michael McLellan h…
www.cbs17.com www.cbs17.com
The trial for a man accused of kidnapping, raping and killing 13-year-old girl Hania Aguilar in Robeson County in 2018 has been delayed again.

Michael McLellan had been scheduled to go on trial on Feb. 5, but the case was moved to July 22 during a hearing on Tuesday in Robeson County Superior Court, a trial court official said.

JAN 26, 2024
wpde.com

Trial pushed back again for man accused of killing 13-year-old Lumberton girl in 2018

The trial of a man charged in the abduction, rape and brutal killing of 13-year-old Hania Aguilar in November of 2018 will now take place on July 22.
wpde.com wpde.com
McLellan's lawyers said they're missing some discovery of evidence, including cell phone data that was stored by the FBI.

An Athens hearing for McLellan will take place in April. That is an evidentiary hearing to determine whether the defendant is intellectually disabled.
 
Niner said:
@PommyMommy - any updates on his hearing on Monday? I am not finding anything.

TIA! :)
Click to expand...
The court site is uncooperative again. I can't see any of his cases. :confused:

This article was from Monday but it doesn't tell us anything we didn't already know.

JAN 29, 2024
www.cbs17.com

Trial delayed again for man charged in 2018 killing of Hania Aguilar in Robeson County

ROBESON COUNTY, N.C. (WBTW) — The trial for a man accused of kidnapping, raping and killing 13-year-old girl Hania Aguilar in Robeson County in 2018 has been delayed again. Michael McLellan h…
www.cbs17.com www.cbs17.com
 
PommyMommy said:
The court site is uncooperative again. I can't see any of his cases. :confused:

This article was from Monday but it doesn't tell us anything we didn't already know.

JAN 29, 2024
www.cbs17.com

Trial delayed again for man charged in 2018 killing of Hania Aguilar in Robeson County

ROBESON COUNTY, N.C. (WBTW) — The trial for a man accused of kidnapping, raping and killing 13-year-old girl Hania Aguilar in Robeson County in 2018 has been delayed again. Michael McLellan h…
www.cbs17.com www.cbs17.com
Click to expand...

Thanks for checking. I guess we wait... again...
 
@PommyMommy - any updates for hearing dates yet? Last one I have 1/29/24 for all his charges. That was for his evaluation/mental competency hearing. TIA! :)
 
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