Discussion in 'Currently Awaiting Trial' started by GuyfromCanada, Apr 25, 2020.
@Seattle1 - re above article - does that change the hearing on 4/27/21? Or does it stay?
dang... double post.
@Niner I'm on the site right now, and I don't see any change in the date on the calendar, just a new motion/order (cannot read it) that states
Mar 30, 2021 Order on Motion for Extension of Time to File
and Response/Reply (with Main Document Extension of Time to File Response/Reply
So I think the motion to suppress hearing is still 4/27 (Perhaps they were supposed to respond in 10 days and wanted longer, yet will have before 4/27?)
I'll check on it later next week to update.
Thanks @dixiegirl1035 !
The Government asked for additional time to research and prepare for defendant's motion and/or 30 days from the current due date April 5 to May 5, 2021.
Hearing on the motion already set for 4/27.
If the extension granted, Government asks for the hearing date reset until after its response to suppress motion is filed.
I'll try to update where I last left off with the docket entry.
ETA: Motion for extension granted to May 5 (no hearing on 4/27).
Continuing docket update as of 4/2/2021:
#49 ORDER CANCELLING JURY SELECTION AND TRIAL as to Cecily Ann Aguilar. JURY SELECTION AND TRIAL on Monday, March 08, 2021 at 09:00 AM is hereby CANCELLED until further order of the court. A Status Conference will be set in the near future. Signed by Judge Alan D Albright. (bw) (Entered: 03/01/2021)
#50 MOTION to Suppress by Cecily Ann Aguilar. (Gainor, Lewis) (Entered: 03/24/2021)
#51 ORDER SETTING MOTION HEARING as to Cecily Ann Aguilar, Set Motion Hearing in case as to Cecily Ann Aguilar 50 MOTION to Suppress . Motion Hearing set for 4/27/2021 01:30 PM before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (bw) (Entered: 03/24/2021)
#52 ORDER REFERRING MOTION as to Cecily Ann Aguilar: 50 MOTION to Suppress filed by Cecily Ann Aguilar, 45 MOTION for Reconsideration re 43 Order on Motion for Bill of Particulars filed by USA. Signed by Judge Alan D Albright. Referral Magistrate Judge: Jeffrey C. Manske. (lad) (Entered: 03/26/2021)
#53 ORDER GRANTING USA's 45 Motion for Reconsideration re 43 Order on Motion for Bill of Particulars. IS IT ORDRED that the Order 43 Order GRANTING Deft's 37 MOTION for Bill of Particulars is WITHDRAWN AND it is FURTHER ORDERED that Deft's Deft's 37 MOTION for Bill of Particulars is DENIED. Signed by Judge Alan D Albright. (klw) (Entered: 03/29/2021)
#54 MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Suppress by USA as to Cecily Ann Aguilar. (Frazier, Mark) (Entered: 03/30/2021)
Text Order GRANTING 54 Motion for Extension of Time to File Response/Reply as to Cecily Ann Aguilar (1) Entered by Judge Jeffrey C. Manske. The government's response to the defendants motion to suppress is due by May 5, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhg) (Entered: 03/30/2021)
Last docket #54.
Thanks! I still cannot see what you can see about the due May 5th. No wonder Niner is asking you vs me. I'll back off as you can see.
No, please don't back off @dixiegirl1035!
I'm referring to courtlistener more often than not-- thanks to your link.
If not for the first days of a new quarter, I'd not be contributing the details for this case today. I've typically been linking Niner to the assigned Judge and his/her calendar link and she does wonders with that.
Thanks @Seattle1 - so I shall mark the 4/27 hearing - cancelled. I just searched the Judge's calendar & she doesn't come up. It goes thru May 3.
@Niner, @Seattle1 - I'm still here - we have an update May 25th 1:30 for Motions Hearing
Thank you @dixiegirl1035 !
New hearings set — but no trial date — in case of woman facing federal charges related to Guillen death
A status conference will be held at the federal courthouse in Waco on April 20, followed by a hearing on May 25 on a defense motion to suppress, according to court documents filed on April 9.
During the May 25 hearing, U.S. Magistrate Judge Jeffrey C. Manske will hear arguments regarding a 16-page “motion to suppress” that was filed on March 24 by Aguilar’s defense attorney.
The new gate at Fort Hood will be unveiled Monday.
Vanessa Guillen gate to be unveiled nearly a year after her death | kcentv.com
A memorial gate honoring slain soldier Vanessa Guillen, whose death was a catalyst for major changes in Army policies and practices, was dedicated Monday afternoon at Fort Hood.
Memorial gate honoring slain soldier Vanessa Guillen dedicated at Fort Hood
The entire ceremony:
I'll shorten this up a bit....
Tuesday, April 20th:
*Status Conference Hearing (Federal case) (@ am CT) - TX – Army Specialist PFC Vanessa Guillén (20) (last seen sometime between 11:30am & 12:30pm on April 22, 2020 in the parking lot of her 3rd Cavalry Regiment Engineer Squadron Headquarters. Keys to her car & her barracks room & her ID card and wallet were later found in the armory room where she had worked earlier in the day; reported missing April 23, 2020, Ft. Hood military base, remains were found by contractors working on a fence along the Leon River in Bell County on June 30, 2020 in 3 shallow graves & the remains were sealed in concrete in Belton; ID’d on July 6, 2020) - *Cecily Ann Aguilar (22) – (Robinson’s GF) – arrested (7/1/20), charged (7/2/20) & arraigned & indicted (7/14/20) with 1 count 2nd degree conspiracy to tamper with evidence with intent to impair a human corpse, to corruptly alter, destroy, mutilate or conceal an object, or attempts to do so, with the intent to impair the objects integrity or availability for use in a criminal case & 1 count conspiracy felony tampering with witness, victim or informant & 1 count felony tampering with witness, victim or informant. Plead not guilty. Held without bond.
A federal affidavit released on July 2, 2020 says Robinson beat Guillen, with a hammer & that her body was later dismembered & burned. If convicted, Aguilar could face up to 20 years in prison with a maximum fine of $250K.
Trial was set to begin on 3/8/21 with jury selection has been cancelled on 3/1/21. No further dates available.
Robinson info, Timeline see post #534 & court info from 1/5/21 reference post #166 here:
Found Deceased - TX - PFC Vanessa Guillen, 20, Fort Hood military base, items left behind, 22 Apr 2020 *arrests* #4
2/8/21: #44: Agreed Motion for designation as complex case & tolling speedy trial provisions by USA. #45 Motion for reconsideration re #43: Order on motion for Bill of Particulars by USA. #46: Order granting #44: Motion for designation as complex case & tolling speedy trial. 2/10/21: #47: Sealed motion filed. 2/23/21 Update: Next jury selection on 3/8/21 @ 9am Judge Alan Albright presiding.
3/1/21 Update: Trial has been cancelled until further order of the court. This case has been designated as a complex case. A status conference will be set in the near future.
3/24/21 Update: Lawyers for Aguilar, the woman accused of helping dispose of the body of Fort Hood soldier Vanessa Guillen, are working to have her confession in the case thrown out. Aguilar’s attorneys argue statements she made June 30, 2020, were obtained illegally — while she was neither under arrest & hadn’t been read her Miranda rights. The motion states officers detained Aguilar the night of June 30 on Fort Hood. Aguilar was a passenger in a Dodge Caravan when it was pulled over on post, according to the motion. "The officers let the Caravan driver go & told Ms. Aguilar she was not under arrest & was free to leave," the motion states. "They also asked if she would come with them to the U.S. Army Criminal Investigation Command Office on Fort Hood to be interviewed." Aguilar voluntarily went with the officers & was taken to an interrogation room, according to the motion. It says the interrogation was recorded & went from 8:30pm to 1:30am. The motion says at no point did they read Aguilar her Miranda rights. Texas Ranger Travis Dendy told Aguilar she was not under arrest about 15 minutes into the interview. He also reminded her that lying to a federal officer was a federal crime, according to the motion. Filed by defense Motion to Suppress. Order Setting Motion Hearing for 4/27/21 at 1:30pm.
3/25/21: Order referring to Motion as to Aguilar: #50 Motion to Suppress filed by Aguilar, #45 Motion for Reconsideration re #43 Order on Motion for Bill of Particulars filed by USA. Signed by Judge Alan D Albright. Referral Magistrate Judge: Jeffrey C. Manske. 3/29/21: Order Granting USA's #45 Motion for Reconsideration re #43 Order on Motion for Bill of Particulars. It is ordered that the Order #43 Order granting defendant #37 Motion for Bill of Particulars is WITHDRAWN & it is further ordered that Defendant's #37 Motion of or Bill of Particulars is DENIED. Signed by Judge Alan D Albright on 3/29/21. Albright said the request for a bill of particulars had no valid basis and he denied the motion.
3/30/21 Update: Order on Motion for Extension of Time to file Response/Reply. Judge Jeffrey Manske granted the motion & gave the prosecution until May 5 to respond. The prosecution requested more time to prepare its response to a defense motion to suppress the statements Aguilar gave to investigators about how Guillen was killed. Gainor said Aguilar never received her Miranda rights. In a separate court. Motions hearing for 4/27 has been rescheduled to 5/25/21.
4/16/21 Update: A status conference will be held at the federal courthouse in Waco on 4/20/21, followed by a hearing on 5/15/21 on a defense motion to suppress. During the May 25 hearing, U.S. Magistrate Judge Jeffrey C. Manske will hear arguments regarding a 16-page “motion to suppress” that was filed on March 24 by Aguilar’s defense attorney.
Attorney Natalie Khawam said the family is continuing to push for the #lamVanessaGuillen Act to pass for change in the armed forces. At 6:30 p.m., there will be a national candlelight vigil around every Vanessa Guillen mural in every major city, and the Guillen family will be hosting a vigil at 3552 14th Street, NW, Washington, DC, 20010.
For more information about other vigils, visit @findvanessaguillen on all social media platforms.
Family of Vanessa Guillen marking first anniversary of her disappearance and murder at Fort Hood, holding press conference
I meant to acknowledge the one-year anniversary of Vanessa's passing on Thursday and was sidetracked with unexpected news in the Rhoden family murders.
Vanessa will not be forgotten and looking forward to justice for this courageous woman and her family.
O/T - @Seattle1, Thanks for the heads up, had no idea! OH - 8 Family Members Murdered, Pike Co., Media, Maps & Timeline *NO DISCUSSION* and GUILTY - OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #61
27 page motion to dismiss was filed April 27th by defendant.
A.Lack of Specificity
Ms. Aguilar first moves to dismiss each Count of the Indictment for lack of specificity, because they do not include sufficient factual allegations to apprise her of the charges.......
B.Failure to State an Offense
Even assuming the Indictment is not deficient for lack of specificity, the Indictment fails to state an offense under either 1512(c)(1) or 1512(k), and the theory of the Government’s case as presented in surrounding materials such as the Complaint, does not describe offenses under 1512(c)(1) or 1512(k).......
12(b)(3) also authorizes motions to dismiss counts from an indictment for multiplicity, or where the same offense is charged in more than one count.FED.R.CRIM.P. 12(b)(3)(B)(ii). “An indictment is multiplicitous if it charges a single offense in multiple counts, thus raising the potential for multiple punishment for the same offense, implicating the [F]ifth [A]mendment double jeopardy clause.” United States v. Brechtel, 997 F.2d 1108, 1112 (5th Cir.1993). In deciding whether an indictment is multiplicitous, courts look to “whether separate and distinct prohibited acts, made punishable by law, have been committed.” United States v. Shai......
ETA: This also on record, but I cannot retrieve minute entry from the 4/20/2021 Status hearing
Docket for United States v. Aguilar, 6:20-cr-00097 - CourtListener.com
Apr 20, 2021
Minute Entry for proceedings held before Judge Alan D Albright:Status Conference as to Cecily Ann Aguilar held on 4/20/2021 (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.) (mg2) (Entered: 04/22/2021)