Prosecution and defense attorney’s gathered at the Riley County courthouse Friday for another motions hearing in the case of 24-year old Luis Aguirre, who is being charged for the 2009 murders of 18-year old Tanya Maldonado and the couple’s 13-month old son Juan.
Defense attorney Jeffrey Wicks put before Judge Meryl Wilson a number of motions that attempted to suppress evidence. The first motion dealt with items – specifically clothing believed to belong to Tanya and Juan – that police obtained following a search of Aguirre’s storage shed in Austin, Texas, from Oct. 28 through Nov. 2, 2009.
Police seized 57 items during the search, none of which were specified in the warrant according to Wicks. County attorney Barry Disney argued that police were as specific as possible, given that the bodies of Tanya and Juan were found without clothing. Judge Wilson denied Wicks’ motion, stating that the warrant was conducted appropriately under the circumstances.
Additionally, Aguirre’s defense attempted to suppress a number of photographs that were taken of Tanya and Juan following their deaths. The photos were taken at the shallow grave in Ogden where their bodies were discovered. Wicks contended that the photos would evoke a passionate response out the jury and possibly skew their judgement. Disney countered by saying the photos were necessary for doctors to be able to point out specific details during the trial, adding that “gruesome crimes result in gruesome photos.” Judge Wilson again denied Wicks’ motion, saying the photos were not “unduly prejudicial.”
Opening statements are scheduled for June 18. The trial is expected to last four to six weeks. If Aguirre is found guilty, he could face the death penalty.
