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.

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."

Dr. Anthony Garcia's death penalty hearing likely delayed after Judge orders mental competency exam for 'Creighton Killer'

Convicted Creighton Killer, Dr. Anthony Garcia, sat in court catatonic, refusing to answer the Judge in court

Convicted murderer Dr. Anthony Garcia sat mute during a mandatory preliminary death penalty sentencing hearing this morning and remained non-responsive to any questions from the Judge or his legal team.

Judge Gary Randall ordered a mental evaluation for Dr.
Anthony Garcia before proceeding with the death penalty
phase of the Garcia murder trial

When Judge Gary Randall repeatedly asked Dr. Garcia questions during the hearing, Dr. Garcia simply remained silent throughout the entire hearing, rocking back and forth in his seat with his eyes gazing downward avoiding any eye contact with anyone in the courtroom.

“Dr. Garcia if you do not respond to me, you leave me with no choice but to follow the third thing we discussed at the hearing last week [sic] was to have you sent to the Lincoln Regional Center to determine whether or not you’re competent,” Judge Randall said in court.

After getting no response from the defendant, the Judge then promptly ordered Dr. Garcia for another mental evaluation at the Lincoln Regional Center to determine if he is competent to take part in the death penalty phase of his murder trial.

Garcia had already refused to attend a sentencing hearing in person last week in Douglas County.

His legal team asserts that Garcia's catatonic behavior today is similar to what they experienced with the convicted murderer for months when they tried to meet with him in confidence to discuss issues before the court. Apparently, Dr. Garcia had not even spoken at all to his attorneys during his 3 1/2-week quadruple murder trial.

Jury finds Dr. Anthony Garcia guilty on four counts of first-degree murder

Dr. Anthony Garcia was found guilty on four counts of first-degree murder by
a jury today at 1:30 p.m. and first death penalty phase hearing will start Friday

Of late, we have not been reporting a lot of positive and uplifting stories from the medical field in the Omaha area as we had originally intended when we first created this blog back in 2013.

The sordid stories of intrigue, controversy, and scandals coming out of the medical profession in Omaha in recent months simply haven't fit that bill for what we intended to highlight as the best aspects of the medical profession, especially for the community in a quiet and squeaky-clean Mid-Western town, like Omaha, Nebraska, nestled in the heartland of America.

Frankly, some of these disturbing stories reported in recent months have simply been black eyes on the medical profession in the Omaha metro area, but for better or worse, the it is what it is, and we still have to report on it.

Samuel Bierner named to head new physical medicine & rehabilitation program at UNMC

Dr. Samuel Bierner to head new PM&R department at UNMC at Omaha 

Dr. Samuel Michael Bierner, M.D., a Texas physical medicine and rehabilitation (PM&R) physician or physiatrist as they are more commonly known as, has been selected as the founding chairman of the new PM&R program at the University of Nebraska Medical Center (UNMBC) at Omaha. (See www.unmc.edu). 

Dr. Bradley Britigan, Dean of the UNMC
College of Medicine on appointing the
founding chairman for the UNMC's
newest PM&R department

The announcement came yesterday from Dr. Bradley Britigan, M.D., dean of the UNMC College of Medicine at Omaha, pending the approval of the University of Nebraska Board of Regents.

His appointment on March 1, 2016 marks the end of a nationwide search for the position of the new chairmanship for the new fledgling department at UNMC. Dr. Bierner’s appointment is effective April 1, 2016.

"The biggest attraction for me to come to Nebraska is to be a part of establishing a brand new program at UNMC," Dr. Bierner said. "It's a great opportunity for me to have an impact that would put a capstone on my career."

Dr. Bierner has more than 25 years of experience in the specialty of PM&R, which in recent years has been given the unflattering nickname of "Pleasure, Money & Relaxation" by other more serious disciplines in medicine.

PM&R is a relatively unknown medical specialty that cares for adults and children who experience disabling medical conditions such as traumatic brain injuries, spinal cord injuries, and impairments from stroke, musculoskeletal and neurological diseases.