GUILTY TX - Kayla Gomez-Orozco, 10, Bullard, 1 Nov 2016 #2 *Arrest*

[MsMarple]

Article today posted about the case. Not only are they trying to get a change of venue, they are also trying to suppress his statements and claiming he wasn't advised of his rights. Also, they are saying they would not allow him to meet with the consult from Mexico.
Zavala-Garcia attorneys seek change of venue, suppression of statements

Ugh, the defense lawyers may have the law on their side. I'm not a lawyer but my research reveals that when a foreign national is arrested and his/her country of origin is not on the list of mandatory notification to the consulate then the interrogating officers must notify the person, whether legal or illegal, that they have the right to consult with their country's consulate. The person can then accept or decline to consult. Nothing I've read says the foreign consulate has rights to contact the illegal immigrant however.

The responsibility lies upon the LE officers who actually make the arrest. The same applies to FBI or U.S. Marshall officials. As far as I can see, preventing the Mexican Consulate Representative from speaking with Zavala-Garcia may be a moot point; the crux of the matter seems to lie in two areas; whether he was informed of his Miranda rights and whether he was informed of his right to contact with a Mexican consulate rep.

Unfortunately, this motion may hold because Zavala-Garcia was originally detained on a federal immigration detainer. If no one advised him then or later when he was charged with murder there could be a problem. Sadly, if he wasn't advised originally then it would have been okay if he was advised when he was charged with murder. If he wasn't then it's a problem.

However, as long as he was read his Miranda rights then the point of contention is about his right to a Mexican consulate rep. According to the article it appears the defense lawyers are seeking a hearing whereby a jury would determine if there was a breach. That tells me there may be legal precedents where statements have not been thrown out. IOW, if it was hard and fast then all the lawyers have to do is cite the law.

The good news is there is a mountain of evidence against Zavala-Garcia so I don't think this issue will make or break the case. And once the DNA results are in I believe his goose is cooked. MOO.

Sorry for the long post.
Zavala-Garcia attorneys seek change of venue, suppression of statements
https://travel.state.gov/content/da...ces/CNA Manual 5th Edition_September 2018.pdf

 

[Knox]

DNA is still not in after two years?!

 

[Jim_M]

Ugh, the defense lawyers may have the law on their side. I'm not a lawyer but my research reveals that when a foreign national is arrested and his/her country of origin is not on the list of mandatory notification to the consulate then the interrogating officers must notify the person, whether legal or illegal, that they have the right to consult with their country's consulate. The person can then accept or decline to consult. Nothing I've read says the foreign consulate has rights to contact the illegal immigrant however.

The responsibility lies upon the LE officers who actually make the arrest. The same applies to FBI or U.S. Marshall officials. As far as I can see, preventing the Mexican Consulate Representative from speaking with Zavala-Garcia may be a moot point; the crux of the matter seems to lie in two areas; whether he was informed of his Miranda rights and whether he was informed of his right to contact with a Mexican consulate rep.

Unfortunately, this motion may hold because Zavala-Garcia was originally detained on a federal immigration detainer. If no one advised him then or later when he was charged with murder there could be a problem. Sadly, if he wasn't advised originally then it would have been okay if he was advised when he was charged with murder. If he wasn't then it's a problem.

However, as long as he was read his Miranda rights then the point of contention is about his right to a Mexican consulate rep. According to the article it appears the defense lawyers are seeking a hearing whereby a jury would determine if there was a breach. That tells me there may be legal precedents where statements have not been thrown out. IOW, if it was hard and fast then all the lawyers have to do is cite the law.

The good news is there is a mountain of evidence against Zavala-Garcia so I don't think this issue will make or break the case. And once the DNA results are in I believe his goose is cooked. MOO.

Sorry for the long post.
Zavala-Garcia attorneys seek change of venue, suppression of statements
https://travel.state.gov/content/dam/travel/CNAtrainingresources/CNA Manual 5th Edition_September 2018.pdf

That was a perfectly lengthy post IMO. Thank you for your insights. And let's hope that goose gets well done.

 

[NanZDrew]

I was first arrested in 2014 for domestic violence on his wife. Attached is the docket sheet. It shows an Admonishment of Right to Counsel. He pled guilty and served 30 days in the county jail. This was not his first rodeo. He knew his rights. Of course they would still have to do all the right things in this case. What is weird is that all the references in the docket sheets relating to his being in this country illegally are now gone?!? I also remember seeing the ICE Detainer. Too bad his wife, Kayla's aunt, gave him a second chance.

He had tons of Facebook profiles, and you could tell he traveled all over working crops on farms. Being a pedophil, who knows what else he may have done as he drifted around.

 

[NanZDrew]

His attorneys are also trying to take the death penalty off of the table saying that the area that he came from was too dangerous to investigate his past in Mexico and to try him without that information would violate his rights.
Attorneys for Zavala-Garcia file motion to keep prosecutors from seeking death penalty

 

[NanZDrew]

Deleted by NanZDrew

 

[Niner]

Thursday, April 4th:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. Plead not guilty. DA will seek the DP; held on $10M bond & Immigration Detainer.
Court hearings from 8/16/17 thru 8/16/18 reference post #409 here:
Found Deceased - TX - Kayla Gomez-Orozco, 10, Bullard, 1 Nov 2016 #2 *Arrest*
The trial was set to start March 18, 2019, delayed to 7/15/19.
11/25/18: Pretrial hearings on 3/7, 4/4, 5/2, 5/16, 5/30, 6/5 & 7/11. Jury Selection on 6/6 (will take 4 weeks per Judge. Trial date scheduled on 7/15/19).
3/7/19 Update: Garcia's defense attorney said he plans to file a motion for a change of venue, a motion to suppress some evidence & a constitutional motion that will be heard during an April 4 pretrial hearing. In addition, the defense said an expert will review the results of DNA testing conducted by the University of North Texas lab & the review would determine if the defense seeks additional testing. Judge Jack Skeen said additional DNA test results are expected to be returned by the end of April, with Zavala-Garcia's trial slated to begin July 15 after four weeks of jury selection. Next court appearances are set for April 4 and May 2. The court anticipates sending out jury summonses in May. Jury selection is set to begin June 6.
3/27/19 Update: Defense filed motions to keep prosecutors from seeking the death penalty. They are asking the court to preclude the death penalty “due to the impossibility of investigating and collecting essential mitigating evidence in Mexico.”

 

[Niner]

Murder suspect Zavala-Garcia back in court; defense requests more DNA testing


TYLER, TX (KLTV) - Accused murderer Gustavo Zavala-Garcia was back in court Thursday morning.

The defense was there to request additional testing on certain hairs collected from the skirt and T-shirt of 10-year-old Kayla Gomez-Orozco.

Judge Jack Skeen says the court felt more testing was important. An expert testifying by phone says if the hairs are sent back to the University of North Texas, the testing will take anywhere from four to six months to complete.

 

[Niner]

Thursday, May 2nd:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24/now 26) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
Court hearings from 8/16/17 thru 8/16/18 reference post #409 here:
Found Deceased - TX - Kayla Gomez-Orozco, 10, Bullard, 1 Nov 2016 #2 *Arrest*
The trial was set to start March 18, 2019, delayed to 7/15/19.
11/25/18: Pretrial hearing on 4/4, 5/2, 5/16, 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date scheduled on 7/15/19.
3/27/19 Update: Defense filed motions to keep prosecutors from seeking the death penalty. They are asking the court to preclude the death penalty “due to the impossibility of investigating and collecting essential mitigating evidence in Mexico.” See post #427 for more info.
4/4/19: DNA testing is currently underway as both sides prepare to go to trial - but now attorneys for Zavala Garcia have requested a change of venue & to suppress comments made while he was being questioned. They’ve also filed a motion to keep prosecutors from seeking the death penalty.

 

[Niner]

7OnScene: Zavala-Garcia returns to Smith County courtroom

TYLER, TX (KLTV) - Accused murderer Gustavo Zavala-Garcia returns to the Smith County courtroom on Thursday for a pre-trial hearing.
[.....]
In March, attorneys for Zavala-Garcia filed a motion to preclude prosecutors from seeking the death penalty. That motion was denied by Smith County Judge Jack Skeen at an April 11 pre-trial hearing.

Attorneys have also filed a motion for a change of venue and a motion to suppress statements made by Zavala-Garcia during an interview with law enforcement. Those motions are expected to be considered at a later date.


and a tweet on page:
The hearing will be rescheduled. It has to be pushed back due to the status of DNA testing. #7OnScenehttps://twitter.com/search?q=#7OnScene&src=hash

 

[NanZDrew]

7OnScene: Zavala-Garcia returns to Smith County courtroom

TYLER, TX (KLTV) - Accused murderer Gustavo Zavala-Garcia returns to the Smith County courtroom on Thursday for a pre-trial hearing.
[.....]
In March, attorneys for Zavala-Garcia filed a motion to preclude prosecutors from seeking the death penalty. That motion was denied by Smith County Judge Jack Skeen at an April 11 pre-trial hearing.

Attorneys have also filed a motion for a change of venue and a motion to suppress statements made by Zavala-Garcia during an interview with law enforcement. Those motions are expected to be considered at a later date.


and a tweet on page:
The hearing will be rescheduled. It has to be pushed back due to the status of DNA testing. #7OnScene

Glad the death penalty is on the table still. After what he did to that little girl, he deserves the ultimate punishment.

 

[katydid23]

They have video of this monster, walking out of the church with that little sweetheart, and it shows her getting into his car and they drive away.

Later his worried wife calls, telling him her niece its missing, and he pretends to be worried, offering to help look for her.

And her little body was found in the well outside their home.

It doesn't matter what pretzel moves his attorneys make---he is going to be found guilty.

 

[NanZDrew]

They have video of this monster, walking out of the church with that little sweetheart, and it shows her getting into his car and they drive away.

Later his worried wife calls, telling him her niece its missing, and he pretends to be worried, offering to help look for her.

And her little body was found in the well outside their home.
It doesn't matter what pretzel moves his attorneys make---he is going to be found guilty.

I agree with you. She had been playing with his baby when he took her away. She trusted him. And there was speculation that she was still alive when she was put in the well. Just horrible.

 

[Niner]

Thursday, May 16th:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
The trial was set to start March 18, 2019, delayed to 7/15/19.
Pretrial hearing on 4/4, 5/2, 5/16, 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date 7/15/19.
Court hearings from 8/16/17 thru 3/27/18 reference post #429 here:
Found Deceased - TX - Kayla Gomez-Orozco, 10, Bullard, 1 Nov 2016 #2 *Arrest*
4/4/19: DNA testing is currently underway as both sides prepare to go to trial - but now attorneys for Zavala Garcia have requested a change of venue & to suppress comments made while he was being questioned. They’ve also filed a motion to keep prosecutors from seeking the death penalty. Motion denied on 4/11/19.
5/2/19 Update: Attorneys have also filed a motion for a change of venue and a motion to suppress statements made by Zavala-Garcia during an interview with law enforcement. Those motions are expected to be considered at a later date. Next pretrial hearing on 5/16.

 

[Niner]

Thursday, May 30th:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
The trial was set to start March 18, 2019, delayed to 7/15/19.
Pretrial hearing on 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date 7/15/19.
Court hearings from 8/16/17 thru 3/27/18 reference post #429 here:
Found Deceased - TX - Kayla Gomez-Orozco, 10, Bullard, 1 Nov 2016 #2 *Arrest*
4/4/19: DNA testing is currently underway as both sides prepare to go to trial - but now attorneys for Zavala Garcia have requested a change of venue & to suppress comments made while he was being questioned. They’ve also filed a motion to keep prosecutors from seeking the death penalty. Motion denied on 4/11/19.
5/2/19 Update: Attorneys have also filed a motion for a change of venue and a motion to suppress statements made by Zavala-Garcia during an interview with law enforcement. Those motions are expected to be considered at a later date. Next pretrial hearing on 5/16.
5/16/19 Update: Next pretrial hearing on 5/30.

 

[Niner]

Wednesday, June 5th:
*Pretrial Hearing (@ 9am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
The trial was set to start March 18, 2019, delayed to 7/15/19.
Pretrial hearing on 5/30, 6/5 & 7/11. Jury Selection on 6/6 & 6/10. Trial date scheduled on 7/15/19.
Court hearing from 8/16/17 thru 3/27/19 reference post #429 here: Found Deceased - TX - Kayla Gomez-Orozco, 10, Bullard, 1 Nov 2016 #2 *Arrest*
4/4/19: DNA testing is currently underway as both sides prepare to go to trial - but now attorneys for Zavala Garcia have requested a change of venue & to suppress comments made while he was being questioned. They’ve also filed a motion to keep prosecutors from seeking the death penalty.
5/2/19 Update: Attorneys have also filed a motion for a change of venue and a motion to suppress statements made by Zavala-Garcia during an interview with law enforcement. Those motions are expected to be considered at a later date. Next pretrial hearing on 5/16.
5/16/19 Update: Next pretrial hearing on 5/30. 5/30: Next pretrial hearing on 6/5.

 

[Niner]

Monday, June 10th:
*Jury Selection continues (@ 8:30am CT) - TX - Kayla Gomez Orozco (10) (Nov. 1, 2016, Bullard) - *Gustavo Zavala-Garcia (24) charged with capital murder. DA will seek the DP; held on $10M bond & Immigration Detainer.
The trial was set to start March 18, 2019, delayed to 7/15/19.
Jury Selection on 6/6 & 6/10. Final Pretrial hearing on 7/11. Trial date scheduled on 7/15/19.
6/6/19 Jury Selection Day 1: No info available. Jury selection continues on 6/10.




Anyone local? @ILikeToBendPages - have you heard anything on what is going on with this jury selection? TIA!

 

[katydid23]

This is a trial I will be following. I hope someone tweets it or streams it.

 

[Kavya01]

This is a trial I will be following. I hope someone tweets it or streams it.

Same here, have never forgotten this case, though I do not think I can handle watching streams. Too scary and horrifying, what happened from that walk out of the church to ending up in that well But hopefully there'll be tweets. Kayla's time is coming.

 

[Niner]

So - any of you two - @katydid23 or @Kavya01 - seen anything about how the jury selection is going??

TIA!