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Defense Diaries

Tunnel Vision: Nebraska v. Dr. Anthony Garcia Ep. 69: Protecting the Record

Defense Diaries

Defense Diaries

True Crime

4.62.3K Ratings

🗓️ 31 January 2026

⏱️ 49 minutes

🧾️ Download transcript

Summary

The Defense team has taken a major blow, the remaining members have a lot to figure out on multiple levels. How will their increased workload be handled? How will they divide the new tasks? Will they ever win a motion? Find the answers to these questions and more. within

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Transcript

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0:00.0

Around the 10th of May 2016, we got word from the Nebraska Supreme Court.

0:06.6

What we received was not what any of us were expecting.

0:11.5

It wasn't a ruling on the merits of our appeal.

0:14.3

It wasn't a stay of the proceedings.

0:16.5

No, what we received can only be described as an ultimatum from the High Court of Nebraska,

0:23.9

and it threw us completely for a loop.

0:28.2

So the Nebraska Supreme Court, in a terse order signed by Chief Justice Michael Hevacan,

0:35.3

informed us that Anthony Garcia himself had written a letter to the court.

0:41.5

In that letter, Garcia stated unequivocally that he did not want Allison Mata as his attorney.

0:50.4

The court construed this letter as a motion to dismiss our appeal.

0:55.5

Now, let me read you the most devastating line from Garcia's handwritten letter.

1:02.5

Reads as follows, even if the Nebraska Supreme Court would allow Allison Mata to be my attorney,

1:09.1

I choose not to have her as my attorney."

1:12.6

End quote. Our client, the man whose life we were fighting like hell to save, the man whose

1:19.6

Sixth Amendment rights we were going to absolute war over to protect, had effectively undermined

1:25.6

our efforts. In the worst part, we never saw it coming. The High Court

1:31.2

gave us one week to respond, one week to justify why the appeal should continue, or they're

1:39.0

going to dismiss it outright. Now, as I'm reading this order, my mind immediately flashes back to that meeting

1:46.6

with Garcia in the Douglas County Jail when we told him about the appeal. The moment when he

1:53.2

powered down like a robot, you remember that. The way that he went completely silent and wouldn't

1:59.7

speak another word to us.

2:01.8

Now, it all made sense.

...

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