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Defense Diaries

Tunnel Vision: Nebraska v. Dr. Anthony Garcia ep. 268: My Aim Is True

Defense Diaries

Defense Diaries

True Crime

4.81.9K Ratings

🗓️ 14 September 2025

⏱️ 43 minutes

🧾️ Download transcript

Summary

We hear the judges ruling and the defense's reply to a very important motion.

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Transcript

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0:00.0

After receiving the crushing, yet not entirely unexpected news that Allison had been barred from continuing on with the Garcia case, as the judge had denied her Prohoc Vichet petition, we made our way back to Chicago to lick our wounds and prepare our next move.

0:18.5

Allison was not as despondent as I feared she might be.

0:21.8

Instead, she was pissed off, which is exactly what I wanted her to be.

0:26.8

As a pissed off, Allison, equates to a tenacious Allison, and that's exactly what we need

0:32.7

right now, if there's to be any hope of getting her back on the case.

0:36.9

Now, it is the general consensus between

0:39.2

the three of us, my dad, Allison, and I. The Judge Randall had overstepped in not allowing Allison back in,

0:47.1

especially in light of the fact that there had been no finding by the governing body that determines

0:51.7

ethical violations in Nebraska at the, the judge made his ruling.

0:57.0

And as to be expected, we wholeheartedly disagree that his duty to conduct a fair trial

1:02.7

outweighs Garcia's Sixth Amendment right to counsel of his choice.

1:06.5

The first step in our attempt to get Allison back in the case will have to come in the form of a motion

1:11.0

to reconsider. This means that we are coming back to the judge and saying, we believe that the judge

1:16.6

misapplied the law, and therefore he should reconsider and change his mind. Look, we're realists,

1:22.6

and we know that the motion to reconsider is going to be denied and that it's merely a prerequisite

1:26.9

to our next move,

1:28.4

which is the filing of an interlocutory appeal, which we hope goes directly to the Nebraska Supreme

1:33.9

Court, because after all, it's a death penalty case. Now, before all that happens, we have to have a

1:40.1

short conversation with Garcia prior to leaving Omaha. We have to advise him that we are planning

1:45.1

on fighting what just happened in court, and at that point in time, Garcia is absolutely wanting

1:51.9

Allison to continue to represent him. So we end up putting Jorgensen on task to prepare a motion

1:58.6

to reconsider, which for obvious reasons we want to get filed as soon as

...

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