Anthony Garcia's Chicago-based lawyers ask to be removed from the 'Creighton killer' case

Dr. Anthony Garcia's attorneys, Robert Motta Sr. (center) and Robert Motta Jr.
(right), have withdrawn from the sentencing phase of the murder trial

UPDATE 8/31/16:

As expected, the attorneys who defended the Creighton Killer will no longer represent him during the death penalty phase of the trial.

Douglas Co. District Court Judge Gary Randall grants a motion by Bob Motta Jr. and Bob Motta Sr. to withdraw as attorneys for Garcia due to a lack of funds.

The Nebraska Public Advocacy Commission will take over as Dr. Garcia's legal counsel during the death penalty phase of the trial which is set to begin November 30.

Original Article:

The out-of-state, Chicago-based defense team representing Creighton killer, Dr. Anthony Garcia, have asked to bow out of the sentencing phase of his quadruple murder case.

Douglas County Court officials have confirmed this week that Robert Motta Sr. and Robert Motta Jr. of the Motta Law Firm, based out of Chicago, have asked for a hearing on August 31st by telephone to formally withdraw from the case.

At that same hearing, Douglas County District Court Judge Gary Randall is also expected to appoint the Nebraska Commission on Public Advocacy to exclusively represent Dr. Garcia for the death-penalty phase of his trial. Therefore, the Mottas will no longer represent Dr. Garcia through the death penalty phase of the trial or any subsequent appeals.

At that same hearing, it's expected that Judge Randall will set a firm date for the death penalty phase of the trial to finally begin.

Dr. Anthony Garcia has been sitting mute throughout the entire trial

The timing and circumstances of the announcement by the Mottas are very odd, since there is no time you need your lawyers the most than when your very life is on the line.

Last Wednesday, the Nebraska Supreme Court dismissed a last-minute appeal by the Motta defense team that challenged Judge Randall's appointment of a statewide Public Defender, the Nebraska Commission on Public Advocacy, to help represent Dr. Garcia during the sentencing phase of the trial.

The High Court ruled that the Public Defender will remain on the case during the death penalty phase of the trial.

So is this last-minute withdrawal by Dr. Garcia's legal counsel all about a maneuver by the Judge to pressure the Mottas to get off the case by diverting public funds for Anthony Garcia's defense and appeals to the public defenders office rather than funding the Mottas for a defense? It sure seems like it.

Dr. Garcia was convicted last October of two sets of double murders of Dr. Roger Brumback and his wife Mary in May of 2013 and Dr. William Hunter's son Thomas and the family housekeeper Shirlee Sherman in March of 2008.

Dr. Garcia's defense team in court with convicted murder Anthony Garcia in
March asking the Judge for a mental competency evaluation of their client after
he remained unresponsive throughout the entire trial

The home-invasion murders were said to be fueled out of a motive for revenge after Dr. Garcia was unceremoniously fired from the pathology residency training program, which was then run by Dr. Roger Brumback, chairman of the pathology department, and Dr. William Hunter,  the residency program director, at the Creighton University School of Medicine, back in the summer of 2001.

The lead prosecutor on the case, Douglas County Attorney Don Kleine, has contended throughout the trial that Dr. Garcia's medical career had spiraled out of control since being fired from the Creighton pathology residency program, resulting in numerous other terminations from other medical residency training programs and rejections for applications of medical licenses in a number of other states.

Kleine then contended that Dr. Garcia blamed staff of Creighton's pathology department for his downward career trajectory as a doctor resulting in the underlying motive for his murderous rampage.

Judge Gary Randall has thrown the Garcia defense into total diarray

The Douglas County jury ultimately convicted Dr. Garcia of the four "Creighton killings" and then determined a few days after his criminal conviction that the heinous nature of Dr. Garcia's crimes made him eligible for death penalty consideration during the sentencing phase of the trial.

Garcia now faces a fate of either getting life in prison or a death sentence, with his yet to be named new lawyers from the statewide public defenders office, by a three-judge panel that includes the Douglas County Judge who presided over his quadruple murder trial, Judge Gary Randall, during the death-penalty sentencing phase of the case.

While we do not have a dog in this fight, it seems the forced, last-minute change in Dr. Garcia's defense team, just before a crucial death penalty ruling, by the Judge's hand may bring up grounds for an appeal.

At this late stage of the game, we are baffled by why the Judge presiding over the trial would jeopardize the integrity of the sentencing phase by throwing Dr. Garcia's defense into total chaos in making a move to bring in a public defender into the case just before a crucial death sentence ruling.

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)
• KMTV—Mottas withdraw as Creighton Killer's attorney (8/31/17) video
• Omaha World-Herald—Anthony Garcia stays silent and feigns sleep as he's appointed new attorneys in death penalty case (8/31/17) video
• WOWT—Defense team withdraws from Garcia case (8/31/17)
• Omaha World-Herald—Chicago-based attorneys to withdraw from Anthony Garcia case (8/4/17) with video
• WOWT—Mottas ask to be removed from Garcia Case (8/3/17)
• KMTV—Chicago-based attorneys to withdraw from Garcia case (8/3/17)
• KETV—Mottas seek to withdraw from Garcia case (8/3/17)
• 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)
• WOWT—Drug Court Judge Faces DUI (10/27/04)