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

Dr. Anthony Garcia's death penalty sentencing hearing has been delayed again

On Thursday, a three-judge panel set to hold the death sentencing hearing for convicted quadruple-murderer, Dr. Anthony Garcia, at the end of this month has pushed back the two-day hearing to March 12 at the request of Dr. Garcia's new defense attorneys, who said they need more time to prepare.

Garcia's previous counsel, Robert Motta Sr. and Jr., were forced to withdrew from the case on August 31 due to a lack of funds, when the very judge presiding over the murder trial, Douglas County District Court Judge Gary Randall, threw the murder case in complete chaos by appointing the Nebraska Public Advocacy Commission, the state's public defenders, out of the blue to represent the defendant late in the death penalty phase of the trial, when the defendant was already represented by counsel of his own choosing.

Apparently in the State of Nebraska, criminal defendants in even capitol murder cases no longer have the right to even choose their own counsel anymore, or have representation by competent attorneys, which can now be replaced and chosen by the trial judge during crucial portions of the trial at his/her own discretion without any notice.

Whether or not this can be considered a cause for appeal, we are still going to harshly criticize Judge Randall's reckless decision to appoint new counsel for Dr. Anthony Garcia while the trial is still in progress because it certainly creates the perception of serious judicial misconduct by the Judge by needlessly interfering with Dr. Garcia's right to a defense of his own choosing at a crucial point in the trial for no other reason than the Judge didn't like who represented the accused.

Judge Gary Randall is a complete disgrace to the judicial system

Regardless of whether Garcia deserves the death penalty or not, for a sitting judge on an ongoing murder trial to force a defendant's counsel to withdraw simply because he wants to interfere with a defendant's defense strategy mid-trial and throw the whole trial into completely disarray is absolutely deplorable.

This kind of blatant judicial misconduct by Judge Randall places the entire trial in jeopardy because it gives the defendant clear grounds to overturn the sentencing and possibly the judgement on appeal, which doesn't serve anyone's interests, whether it is the public, the family and loved ones of the victims, or even the accused himself.

Oddly enough, the three-judge panel presiding over Dr. Garcia's death penalty phase of the trial will consist of Judge Gary Randall and two other judges, Russell Bowie, and Ricky Schreiner, to determine if Dr. Garcia lives or dies.

At this point, Judge Randall should recuse himself from the proceedings and resign as an officer of the court because he has made a complete mockery of the justice system.

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)
• US News & World Report—Death Penalty Hearing for Anthony Garcia Pushed to March (11/17/17)
• WOWT: Death penalty hearing for convicted killer delayed until 2018 (11/16/17), with video
• Omaha World-Herald—Death penalty hearing for Anthony Garcia will be delayed until March (11/16/17)
• 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)
• Medicine of Omaha—Dr. Anthony Garcia ruled to be competent for death penalty sentencing, but court then grants defense a last minute postponement (3/29/17)
• 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)