Dr. Anthony Garcia ruled to be competent for death penalty sentencing, but court then grants defense a last minute postponement

Judge Gary Randall agreed again to delay Dr. Garcia's sentencing today

UPDATE: March 30, 2017

In a surprise, eleventh hour move today, Judge Gary Randall granted the defense a postponement of Dr. Anthony Garcia's death penalty hearing after Dr. Garcia's attorneys filed an emergency motion to discuss Anthony Garcia's mental competency.

Garcia's death penalty phase of his sentencing was to be heard by a three-judge panel today; however, Garcia's attorneys filed a last-minute emergency motion on Wednesday evening, arguing they needed more time to explore Dr. Garcia's history of mental problems as a mitigating factor against being sentenced for the death penalty.

Judge Randall called the latest move by Garcia's defense team "disturbing." However, he also said Garcia's rights to due process needed to be protected, so he begrudgingly appointed a statewide group of public defenders, the Nebraska Commission on Public Advocacy, to work with Garcia's defense team in the sentencing portion of his case. The Judge said reluctantly, "I'm going to go ahead and appoint the Commission of Public Advocacy."

The state agency will have the resources to pay for medical expert witnesses to look into Dr. Garcia's mental state as a possible defense against being considered for the death penalty, which means there will be more delays in sentencing Dr. Garcia.

Original Article:

Convicted murderer, Dr. Anthony Garcia, will face
a 3-judge panel later this week to determine if he
will face the death penalty for his crimes

On Tuesday, a Judge determined that convicted Creighton killer, Dr. Anthony Garcia, is mentally competent to face a three-judge panel later on this week to see if he will be sentenced to the death penalty for his crimes.

Garcia was sent to the Lincoln Regional Center by Douglas County District Judge Gary Randall for a mental competency examination more than two weeks ago after Garcia sat mute in court and refused to answer any questions from the Judge during a preliminary hearing to determine whether Dr. Garcia will get the death penalty for his quadruple revenge murder conviction in October.

Doctors at the Lincoln Regional Center determined Dr. Garcia was mentally competent for sentencing, saying Dr. Garcia was "competent to participate in the mitigating circumstances phase of this proceeding and sentencing."

Dr. Klaus Hartman of the Lincoln Regional Center said of Garcia, "[H]is behaviors appear contrived, calculated and self serving."

Upon receiving Dr. Garcia's competency examination, Judge Gary Randall went as far as to call it a last-minute "Hail Mary" attempt by Garcia to stop the hearing.

This was the third time in the long and protracted criminal court process that Dr. Garcia was sent to the Lincoln Regional Center for a mental evaluation. His defense team says he hasn't spoken to them since before trial.

Garcia also refused to show up for his most recent hearings until he was finally dragged into court a little more than two weeks ago, and even then, he refused to answer Judge Randall's questions, sitting mute and rocking back and forth in his chair, unresponsive to anyone in court.

Dr. Garcia in court a little more than 2 weeks ago, sat mute avoiding eye contact
with anyone in the court, rocking back and forth in his chair

“No man awaiting trial should be held in solitary confinement for three and half years," said Dr. Garcia's defense attorney, Robert Motta, Jr. "That person will not be able to assist which was evident in our trail in any capacity. He slept through half of his trial. A normal person does not sleep through their own death penalty case.”

“We really believe this is a ploy," said Douglas County Attorney Don Kleine. "You know he hasn’t had any problem communicating with anyone over at the correctional center. We have written letters he sent requesting batteries or a haircut, of cutting back on his medication, so when he comes in here and doesn’t even respond it’s catatonic I think that's just what that is."

Dr. Garcia will face a three-judge panel at 9 a.m. on Thursday to determine if he will get the death penalty or a life sentence for the home invasion murders of Thomas Hunter and Shirlee Sherman in Dundee in 2008, and the murders of Dr. Roger Brumback and his wife Mary in 2013.

Douglas County District Judge Gary Randall

All the murders had ties back to the Creighton University Medical School pathology residency program, from which Dr. Garcia had been fired from back in 2001.

Prosecutors assert that Dr. Garcia committed the murders out of revenge to get back at Drs. William Hunter and Roger Brumback, who were the chief administrators of the program responsible for his firing.

Judge Gary Randall will be the presiding judge on the 3-judge panel, along with District Court Judge Russell Bowie of Omaha and District Court Judge Rick Schreiner of Beatrice, who were selected by the Chief Justice of the Nebraska Supreme Court to sit on the sentencing panel to determine Dr. Garcia's final fate.

The hearing is expected to last only a day, according to Judge Randall, but so far, things just don't look so promising for the defense.

To see the Dateline NBC's full episode of the Anthony Garcia revenge murder case, which aired less than two weeks ago, click on the video above.

References:

• Medicine of Omaha—Defense argues Dr. Anthony Garcia should be spared the death penalty because of severe mental illness and 'profound burden of failure' in death penalty sentencing hearing (6/13/18)
• Medicine of Omaha—Death penalty hearing for Anthony Garcia delayed again until May (3/1/18)
• Medicine of Omaha—As Anthony Garcia's quadruple murder case is featured on another TV show, Judge dismisses Garcia's motion against the death penalty (2/13/18)
• Medicine of Omaha—Death penalty hearing for Dr. Anthony Garcia in complete chaos and delayed until March because trial Judge decided to replace his lawyers during the sentencing phase (11/19/17)
• Medicine of Omaha—Anthony Garcia's Chicago-based lawyers ask to be removed from the 'Creighton killer' case (8/6/17)
• Medicine of Omaha—CBS News '48 Hours' features Dr. Anthony Garcia's quadruple murder case (5/7/17)
• Omaha World-Herald—State public defender's office suggests it take over Anthony Garcia's case (4/7/17)
• NTV—Anthony Garcia's death penalty hearing delayed, family members of victims upset (3/30/17) with video
• KPTM—Anthony Garcia's death penalty hearing delayed, family members of victims upset (3/30/17) with video
• U.S. News & World Report—Former Doctor's Nebraska Death Penalty Hearing Postponed (3/30/17)
• KPTM—Judge delays death penalty hearing (3/30/17)
• KETV—Garcia hearing ends abruptly after judge appoints public defender (3/30/17)
• KMTV—Death penalty hearing for Anthony Garcia delayed (3/30/17) with video
• WOWT—Garcia fate remains in limbo as hearing stalls (3/30/17) with video
• WOWT—How long will it take to sentence convicted killer Anthony Garcia? No one knows... (3/30/17) with video
• Omaha World-Herald—Another delay in Anthony Garcia's sentencing after late motion from his attorneys (3/30/17) with video
• Washington Post—Judge: Anthony Garcia competent to go through sentencing (3/28/17)
• KPTM—Judge rules Anthony Garcia competent for death penalty hearing (3/28/17)
• KETV—Anthony Garcia ruled competent for sentencing (3/28/17)
• KMTV—BREAKING: Garcia competent for death penalty phase (3/28/17) with video
• WOWT—Court-ordered evaluation finds Garcia competent for sentencing in death penalty case (3/28/17) with video
• Omaha World-Herald—Judge says Anthony Garcia is competent to proceed with Thursday death penalty hearing (3/28/17) with video
• NBC News Video—Dateline: Haunting, episode 317 (3/17/17)
• Medicine of Omaha—Dr. Anthony Garcia's death penalty hearing likely delayed after Judge orders mental competency exam for 'Creighton Killer' (3/13/17)
• Medicine of Omaha—Jury says 'Creighton killer,' Dr. Anthony Garcia, eligible for death penalty (10/28/16)
• Medicine of Omaha—Jury finds Dr. Anthony Garcia guilty on four counts of first-degree murder (10/26/16)