Death penalty hearing for Anthony Garcia delayed again until May

Yet another delay in the death penalty phase of the Anthony Garcia murder trial

The death penalty hearing for convicted murderer, Dr. Anthony Garcia, has been delayed yet again.

Dr. Garcia's new legal counsel, the Nebraska Commission on Public Advocacy, asked for the delay because of difficulty in getting files on Garcia's mental health records from his former attorneys, Robert Motta Sr. and Robert Motta Jr. of Chicago.

The three-judge panel hearing on whether Dr. Garcia would face the death penalty for his crimes was originally set for March 12th, but now has been rescheduled for May 30 to June 1 by Douglas County District Judge Gary Randall.

At a hearing on Tuesday, Douglas County Attorney Don Kleine objected to the delay, saying the case has dragged on way too long.

“The judge continued the hearing on the request of the defense counsel on this mitigating hearing for sentencing of the defendant Garcia. And that’s very frustrating for us, it’s frustrating for the families," said Douglas County Attorney Don Kleine. "If you can only imagine, we want to get this done. We’re worked so hard for so long. Law enforcement has, our office has and we just want to finish this.”

Anthony Garcia was convicted of 4 counts of first-degree murder in 2016

However, given the fact that Judge Randall previously threw the case into chaos after replacing Garcia's attorneys with the Nebraska Commission on Public Advocacy right before the death penalty phase of the trial, it's not unreasonable to give the new attorneys time to review Garcia's files.

Garcia was convicted in late October of 2016 for four counts of first-degree murder for the double murders in 2008 of 11-year-old Thomas Hunter, son of Creighton University Medical Center pathologist Dr. William Hunter, and the family housekeeper, Shirlee Sherman, in Dundee, and 2013 double murders of Creighton pathologist Dr. Roger Brumback and his wife Mary.

The motive for the quadruple murders were thought to be out of revenge for Dr. Garcia's 2001 firing from the Creighton University Medical Center pathology residency program.

Judge Randall previously denied Garcia's motions in objection to the death penalty by his attorneys, which stated among other things that the application of the death penalty was unconstitutional.

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)
• U.S. News & World Report—Death Penalty Hearing for Anthony Garcia Pushed to Late May (2/27/18) 
• Omaha World-Herald—Death penalty hearing for convicted murderer Anthony Garcia is delayed again (2/27/18)
• WOWT—Delay in Garcia death penalty hearing (2/27/18), with video
• 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)
• 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)