The third motions hearing was held on Wednesday for former Ogden resident Luis Aguirre, who is facing capital murder charges for the deaths of former girlfriend 18-year old Tanya Maldonado and the couple’s 15-month old son Juan Luis Maldonado.
Defense Attorney Jeffrey Wicks and Assistant Riley County Attorney Barry Disney argued two motions concerning the legality of search and seizure warrants, which were used to obtain permission to seize 12 items from Aguirre’s Jeep Grand Cherokee.
The vehicle was taken from the state of Texas to Riley County, Kan., where it was searched for evidence; however, Wicks said police only had the authority to seize the items which were specified in the court-signed affidavit, not the Jeep itself. Wicks continued to argue saying that the warrant was not valid and “subsequent searches should also be invalid.”
Disney countered by citing case law – United States v. Johns, 1985 – as well as probable cause, allowed police to transport the vehicle across state lines to be searched.
“Police had the right to seize it for the purpose of searching it,” Disney said.
Both testimonies were taken under advisement by Judge Meryl Wilson, who made no decision regarding the motions. Judge Wilson indicated he would hand down his decision to the legal counsels in a timely fashion.
A pre-trial conference is scheduled for May 11, 2012. Potential jurors for the trial will fill out questionnaires on May 29. The trial will officially begin June 5 after the jury is selected.
