GUILTY TX - PFC Vanessa Guillen, 20, Fort Hood military base, items left behind, 22 Apr 2020 *arrests* #4

[Niner]

Why a motion to dismiss indictment in case of Guillen's death? | kcentv.com

Nov. 30, 2021
Cecily Aguilar's defense wants all eleven counts against her dismissed. The judge will rule on the motion December 8.

WACO, Texas — The only person charged in connection to the death of Fort Hood Spc. Vanessa Guillen has another court date coming up.

A federal court judge in Waco will hear a motion to dismiss the indictment of Cecily Aguilar Wednesday, Dec. 8. This time Aguilar and her defense team are trying to throw out her indictment.
[.....]
Aguilar's defense attorney Lewis Gainor filed the motion to dismiss the indictment Sept. 7. He argues the indictment lacks specificity, fails to state an offense and charges her with the same offense in one count.

6 News legal analyst Liz Mitchell says this is a common tactic and it most likely won't work.

"Generally, if a case has made it this far, it's not very likely that it's going to be dismissed in a pre-trial hearing," she said.
[.....]
Mitchell says the chances of Aguilar's indictment being thrown for her alleged involvement in the death of Spc. Guillen are slim but Aguilar's attorneys will give it a shot.

"We generally see these types of motions used by defense attorneys as a bit of a fishing expedition, meaning they want to get as much information before the trial starts as possible," Mitchell explained.

The defense tried to throw out Aguilar's confession back in July but that attempt was denied.
[.....]
Mitchell says there could be several more motions or tactics used before testimony in this case starts. The biggest hurdle before trial will be finding a fair jury because of the national attention of this case.
[.....]
The hearing Dec. 8 is expected to not last long. The judge will have the State prove the elements through one witness. It's not a situation in which the state has to outline their entire trial.

 

[Seattle1]

Why a motion to dismiss indictment in case of Guillen's death? | kcentv.com

Nov. 30, 2021
Cecily Aguilar's defense wants all eleven counts against her dismissed. The judge will rule on the motion December 8.

WACO, Texas — The only person charged in connection to the death of Fort Hood Spc. Vanessa Guillen has another court date coming up.

A federal court judge in Waco will hear a motion to dismiss the indictment of Cecily Aguilar Wednesday, Dec. 8. This time Aguilar and her defense team are trying to throw out her indictment.
[.....]
Aguilar's defense attorney Lewis Gainor filed the motion to dismiss the indictment Sept. 7. He argues the indictment lacks specificity, fails to state an offense and charges her with the same offense in one count.

6 News legal analyst Liz Mitchell says this is a common tactic and it most likely won't work.

"Generally, if a case has made it this far, it's not very likely that it's going to be dismissed in a pre-trial hearing," she said.
[.....]
Mitchell says the chances of Aguilar's indictment being thrown for her alleged involvement in the death of Spc. Guillen are slim but Aguilar's attorneys will give it a shot.

"We generally see these types of motions used by defense attorneys as a bit of a fishing expedition, meaning they want to get as much information before the trial starts as possible," Mitchell explained.

The defense tried to throw out Aguilar's confession back in July but that attempt was denied.
[.....]
Mitchell says there could be several more motions or tactics used before testimony in this case starts. The biggest hurdle before trial will be finding a fair jury because of the national attention of this case.
[.....]
The hearing Dec. 8 is expected to not last long. The judge will have the State prove the elements through one witness. It's not a situation in which the state has to outline their entire trial.

^^bbm

This is so annoying! Clearly, Aguilar's defense taking advantage of this case filed in federal court and will continue to delay justice for Vanessa.

Recalling that charges were initially filed via federal complaint from information in CA's confession. Soon after, CA was also indicted by a federal grand jury, followed by the defense motioning for CA's confession to be dismissed which the court rejected.

Reportedly, CA was re-indicted by a federal grand jury on July 13, on a total of
eleven counts:

four counts of false statement or representation;

three counts of accessory after the fact;

two counts of tampering with documents or proceedings; and

one count each of conspiracy to tamper with documents or proceedings, and destruction, alteration or falsification of records in a federal investigation.

And now CA seeking to dismiss the latest 11 charge indictment!

MOO

Deja vu... and delaying justice for Vanessa.

 

[Niner]

Wednesday, December 8th:
*Motions Hearing (to dismiss) (Federal case) (@ 9am 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.
Superseding indictment: *Indicted & charged (7/13/21) with conspiracy to tamper with documents or proceedings, 2 counts of tampering with documents or proceedings. 3 counts of accessory after the fact, 1 count of destruction, alteration or falsification of records in a Federal investigation & 4 counts of false statement or representation. Plead not guilty (in waiver on 8/11/21). 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 to 6/9/21 reference post #263 here:
Found Deceased - TX - PFC Vanessa Guillen, 20, Fort Hood military base, items left behind, 22 Apr 2020 *arrests* #4
6/10/21: Order on motion to withdraw as attorney-granted. Motions hearing on 6/16/21 regarding motion to suppress & motion to dismiss. 6/14/21: Notice of attorney appearance: Ashley Ali Askari appearing for Aguilar. Agreed to continue defendant's motion to dismiss. 6/16/21 Update: After a hearing that lasted almost four hours. Two investigators who heard Aguilar’s confession firsthand took the stand at the hearing. Texas Ranger Samuel "Travis" Dendy & Waco police officer John Ray with the U.S. Marshal's office. Assistant U.S. Attorney Mark Frazier played video clips of the confession. After 2½ hours of testimony, U.S. District Judge Alan Albright denied a motion requested by Aguilar that her confession be thrown out (#50: Motion to Suppress). Witness list & exhibits as to Aguilar & exhibits by USA. 6/18/21: Exhibits by Aguilar.
6/30/21: Order on Motion for Extension of time to file response/reply filed. 6/16/21 Update: Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). Redaction Request due 7/23/21. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/21.
7/13/21 Update: Aguilar was indicted Tuesday by the Grand Jury on 11 federal charges including accessory after the fact, destruction of records in a federal case, conspiracy to tamper with documents, tampering with documents & issuing false statements in the U.S. District Court for the Western District of Texas. Aguilar was Robinson's girlfriend at the time, according to the criminal complaint, and was taken into custody. In July 2020, she was charged with one federal count of conspiracy to tamper with evidence. The Tuesday indictment stated Aguilar "did unlawfully & knowingly combine, conspire, confederate, and agree with another person to corruptly alter, destroy, mutilate, and conceal any record, document & other object," such as Guillen's body, "with the intent to impair its integrity & availability for use in an official proceeding." Superseding Indictment: Count 1: Conspiracy to tamper with Documents or proceedings. Count 2 & 3: Tampering with documents or proceedings. Count 4, 5, & 6: accessory after the fact. Count 7: destruction, alteration or falsification of records in a Federal investigation. County 8, 9, 10 & 11: false statement or representation.
7/13/21: Personal Data Sheet (SEALED) as to Aguilar. Superseding Indictment (Redacted Version) filed. Un-redacted document sealed pursuant to E-Government Act of 2002 as to Aguilar (1) count(s) 1s, 2s-3s, 4s-6s, 7s, 8s-11s. 7/19/21: Response TO Motion by USA as to Aguilar re #58 Motion to Dismiss Indictment/Information filed by Defendant Aguilar (Frazier, Mark). 7/22/21: ORDER DENYING #50 Motion to Suppress as to Aguilar. Thus, there the Court finds no fruits of an illegal seizure & the unwarned statements obtained from Ms. Aguilar are not suppressed. Signed by Judge Alan D Albright.
8/11/21: On Aug. 11, Aguilar’s defense attorney submitted a waiver of arraignment to the court in which Aguilar pleaded not guilty to the charges. In his order filed the next day, U.S. Magistrate Judge Jeffrey C. Manske accepted the plea. 9/7/21: Defense attorneys for Aguilar filed a motion to dismiss a 2nd indictment against her.
9/12/21: In the 33-page motion, defense attorneys argue that the new indictment against their client should be dismissed for not being detailed, for failing to adequately state the offense and for violating the Fifth Amendment’s double jeopardy clause. 9/13/21: Sealed Order on Motion. 9/22/21: Extension of time to file response/reply. 9/23/21: Response to Motion. Order on motion for extension of time to refile response/reply.
10/28/21 Update: Federal court judge Alan Albright in Waco set a hearing date Wednesday on a motion to dismiss the indictment of Aguilar. Aguilar's defense wants all eleven counts against her dismissed. The judge will rule on the motion on 11/16/21. During the hearing at the U.S. District Court Western District in Waco, Judge Alan Albright will hear arguments from the defense. Aguilar’s attorneys say the charges against her lack specificity, fail to state an offense & many are multiplicitous.
11/13/21 Update: Motions hearing on motion to dismiss the 2nd indictment was rescheduled to 12/8/21 @ 9am.

 

[AmandaReckonwith]

Hearing is continued to 12/20/21.

Hearing reset for Killeen woman accused in soldier disappearance, death case

 

[Seattle1]

Hearing is continued to 12/20/21.

Hearing reset for Killeen woman accused in soldier disappearance, death case

Grrrr. Third time the motion has been reset and I hate to think what this limbo does to VG's family and friends.

 

[Niner]

Monday, December 20th:
*Motions Hearing (to dismiss) (Federal case) (@ 9am 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/now 23) – (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.
Superseding indictment: *Indicted & charged (7/13/21) with conspiracy to tamper with documents or proceedings, 2 counts of tampering with documents or proceedings. 3 counts of accessory after the fact, 1 count of destruction, alteration or falsification of records in a Federal investigation & 4 counts of false statement or representation. Plead not guilty (in waiver on 8/11/21). 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 to 10/28/21 reference post #303 here:
Found Deceased - TX - PFC Vanessa Guillen, 20, Fort Hood military base, items left behind, 22 Apr 2020 *arrests* #4
11/13/21 Update: Motions hearing on motion to dismiss the 2nd indictment was rescheduled to 12/8/21 @ 9am. 12/8/21 Update: Motion to dismiss hearing is reset to 12/20/21.

 

[Seattle1]

I'm not finding any info on the hearing scheduled for today, 12/20 but I have the feeling it was continuted/rescheduled again. The hearing in November was expected to include the attendance of members of congress but VG's sister recently posting that "they did it" -- announcing the backing of Chuck Shumer to allow our soldiers the right to file a claim so they can be made whole.

Guillen's sister, Maya, posted to her Instagram Thursday that her family and their attorney Natalie Khawam would be joined on Nov. 18 with several members of congress, including Senate Majority Leader Chuck Schumer, Speaker of the House Nancy Pelosi, Sen. Kirsten Gillibrand and others for a news conference and march in Washington, D.C.

10/29/21 Hearing date set on motion to dismiss Cecily Aguilar indictment | kcentv.com

 

[Niner]

Court site:

Thursday, January 20, 2022, Waco District Courtroom #1
8:30 AM MOTION HEARING ON MOTION TO DISMISS
WA:20-CR-00097
CT1:18:1512(C)(1) AND (K)-CONS TO TAMPER W DOCS OR PROCEED CT 3:18:1512(C)(1)-TAMPERING WITH DOCS OR PROCEEDINGS

USA
Plaintiff
ATTY: Gregory S. Gloff
(254)750-1589
ATTY: Mark Frazier
(254) 750-1580
Versus

(1) Cecily Ann Aguilar CUSTODY
Defendant
ATTY: Lewis Berray Gainor FPD
915-352-2934

link: Judges’ Calendars – U.S. District Court


Document site:

Document Number Date Filed Description

101 Dec 7, 2021 Main Document / ~Util - Set/Reset Motion Hearings AND Order

100 Dec 6, 2021 Main Document / ~Util - Set/Reset Hearings


link: Docket for United States v. Aguilar, 6:20-cr-00097 - CourtListener.com

 

[AmandaReckonwith]

'I Am Vanessa Guillén Act' passes Senate, heads to Biden's desk

https://twitter.com/RepSylviaGarcia...n-act-passed-by-senate-heading-to-bidens-desk

 

[AmandaReckonwith]

Vanessa Guillen Case Archive:
Photobucket

Justice for Vanessa, sub-section:
Photobucket

 

[Boxer]

Just checking in.

Biden signed the "I am Vanessa" today.
Now it's the law.



President Biden signs Vanessa Guillen legislation | khou.com

 

[AmandaReckonwith]

Off topic, sort of.
I don't see a thread here about him, but when they were searching for Vanessa, they found the body of another Ft Hood soldier,
Gregory Wedel-Morales.
His wife was mentioned as "suspected of something", and she was arrested 12/14 in an armed robbery.
Soldier’s widow, Killeen man named in Belton armed robbery
Interesting.

 

[AmandaReckonwith]

https://www.kxxv.com/hometown/bell-county/key-parts-of-iamvanessaguillen-act-signed-into-law

Mayra says the battle against sexual assault in the military is not over, they plan on bringing up more legislation
to protect soldiers and help victims.

“It’s only fair to compensate the victim even if they don’t wanna serve anymore. Just in case they want to
start a new life and everything is so expensive,” said Mayra.

 

[Seattle1]

Off topic, sort of.
I don't see a thread here about him, but when they were searching for Vanessa, they found the body of another Ft Hood soldier,
Gregory Wedel-Morales.
His wife was mentioned as "suspected of something", and she was arrested 12/14 in an armed robbery.
Soldier’s widow, Killeen man named in Belton armed robbery
Interesting.

Yes -- I recall when he was first reported missing. He's had a thread since 8/2019

Found Deceased - TX - Gregory Wedel-Morales, Army soldier, 23, Fort Hood, 19 August 2019

 

[Boxer]

Off topic, sort of.
I don't see a thread here about him, but when they were searching for Vanessa, they found the body of another Ft Hood soldier,
Gregory Wedel-Morales.
His wife was mentioned as "suspected of something", and she was arrested 12/14 in an armed robbery.
Soldier’s widow, Killeen man named in Belton armed robbery
Interesting.

MOO the soldiers that hang out off post in clubs unfortunately end up getting involved with the Ville, drugs, gambling and prostitution.

 

[AmandaReckonwith]

Yes -- I recall when he was first reported missing. He's had a thread since 8/2019

Found Deceased - TX - Gregory Wedel-Morales, Army soldier, 23, Fort Hood, 19 August 2019

Thank you!

 

[Niner]

Thursday, January 20th:
*Motions Hearing (to dismiss) (Federal case) (@ 8:30am 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/now 23) – (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.
Superseding indictment: *Indicted & charged (7/13/21) with conspiracy to tamper with documents or proceedings, 2 counts of tampering with documents or proceedings. 3 counts of accessory after the fact, 1 count of destruction, alteration or falsification of records in a Federal investigation & 4 counts of false statement or representation. Plead not guilty (in waiver on 8/11/21). 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 to 10/28/21 reference post #303 here:
Found Deceased - TX - PFC Vanessa Guillen, 20, Fort Hood military base, items left behind, 22 Apr 2020 *arrests* #4
11/13/21 Update: Motions hearing on motion to dismiss the 2nd indictment was rescheduled to 12/8/21 @ 9am. 12/8/21 Update: Motion to dismiss hearing is reset to 12/20/21. 12/20/21 Update: Motion to dismiss hearing continued to 1/20/22.

 

[AmandaReckonwith]

Hopefully, today moves it forward.

Woman charged in Vanessa Guillen's death to face judge | kcentv.com

 

[Seattle1]

Hopefully, today moves it forward.

Woman charged in Vanessa Guillen's death to face judge | kcentv.com

Update -- WE ARE MOVING TO TRIAL!!

WACO, Texas — On Thursday, a judge denied the motion to throw out the indictment of Cecily Aguilar, the woman accused of helping dismember and dispose the body of Fort Hood soldier Vanessa Guillen in 2020.

Last July, a grand jury indicted Aguilar with 11 counts, including charges of tampering with documents or proceedings and conspiracy to tamper with documents or proceedings for her role in Guillen's death and disappearance in April 2020.

Her defense filed the motion to have her indictment dismissed altogether last April, saying the indictment lacks specificity, fails to state an offense and charges the same offense in more than one count. Aguilar’s defense also argues the indictment includes no other alleged factual basis or allegations.

In court Thursday, Judge Alan D. Albright denied the motion, but did not explain why.

Aguilar's trial date is still pending.

@Niner

 

[Niner]

No updates on the Judge's site. And from the court site:

Document # Date Filed Description
103 Jan 20, 2022 TRANSCRIPT REQUEST by Cecily Ann Aguilar for proceedings held on 1/20/2022 before Judge A. Albright. Proceedings Transcribed: Defendant's Motion to Dismiss Superseding Indictment. Court Reporter: Kristie Davis. (Askari, Ashley) (Main Document 103 replaced on 1/20/2022) (jc5). (Entered: 01/20/2022)
Main Document
Transcript Request (Miscellaneous)

104 Jan 20, 2022 Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing as to Cecily Ann Aguilar held on 1/20/2022 re 90 MOTION to Dismiss Indictment/Information (Superseding Indictment) filed by Cecily Ann Aguilar. Case called for Motion Hearing on Motion to Dismiss. Court heard argument regarding the defendant's motion to dismiss. The Court orally denied the defendant's motion to dismiss - an Order will be forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.) (jc5) (Entered: 01/20/2022)
Main Document
Motion Hearing


link: Docket for United States v. Aguilar, 6:20-cr-00097 - CourtListener.com