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Thursday, May 22, 2008

SUBURBAN AND STATE

‘Security risk’ label delays court

  • By ROY PITCHFORD
  • Advocate Westside bureau
  • Published: May 7, 2008 - Page: 5B - UPDATED: 12:05 a.m.

PORT ALLEN — Michael Garcia, 29, of Lansing, Mich., was supposed to be in 18th Judicial District Court on Tuesday for a motion hearing related to his upcoming first-degree murder trial, but he wasn’t there and no hearing was held.

Assistant District Attorney Becky Chustz told presiding Judge Robin Free that Michael Garcia was not brought to the courthouse for the motion hearing because he is considered a security risk.

Garcia is scheduled to go on trial May 20 on charges of first-degree murder, armed robbery, aggravated kidnapping and aggravated rape in an attack on a transient couple two years ago, and could receive the death penalty.

Garcia’s attorneys planned to argue a motion to suppress a statement he made to law enforcement authorities.

Judge Free did set a July 21 trial date on Tuesday for co-defendants Daniel Garcia, 37, of Lansing, Mich., Michael’s brother; and James Edward Nelson II, 24, of Gibsonton, Fla.

In addition to the charges Michael Garcia faces at trial later this month, he also has been booked with attempted escape and destruction of property.

Chustz said she believes the motion hearing for Michael Garcia should be short and can be held, “during a break in the jury selection process.”

Michael Garcia is accused in the fatal stabbing and robbery of Matthew Millican near Port Allen on Feb. 8, 2006. He is also accused of kidnapping and raping Millican’s female companion.

Alleged accomplices in the case, Daniel Garcia and Nelson, face prosecution on charges of principal to second-degree murder, principal to armed robbery, aggravated kidnapping and three counts of aggravated rape.

Daniel Garcia and Nelson do not face the death penalty, but if convicted, could be sentenced to life imprisonment without parole.


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GFODT08
Wednesday, May 07, 2008
2:01 PM

Oh whatever, he's gone to every single hearing and motion for over 2 years now...this is just some kind of tactic being played out by the pros....weak!
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