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Legal expert: Don't expect indictment to be thrown out for woman charged in Vanessa Guillen's death

Cecily Aguilar's defense wants all eleven counts against her dismissed. The judge will rule on the motion December 8.
Credit: Bell County Jail

WACO, Texas — The only person charged in connection to the death of Fort Hood Spc. Vanessa Guillen has another court date coming up.

A federal court judge in Waco will hear a motion to dismiss the indictment of Cecily Aguilar Wednesday, Dec. 8. This time Aguilar and her defense team are trying to throw out her indictment.

The indictment charges Aguilar with 11 varying counts of conspiracy to obstruct (destroy an object), obstruction, accessory to murder and making a false statement.

Aguilar's defense attorney Lewis Gainor filed the motion to dismiss the indictment Sept. 7. He argues the indictment lacks specificity, fails to state an offense and charges her with the same offense in one count.

6 News legal analyst Liz Mitchell says this is a common tactic and it most likely won't work.

"Generally, if a case has made it this far, it's not very likely that it's going to be dismissed in a pre-trial hearing," she said.

Aguilar is accused of helping her boyfriend Spc. Aaron Robinson dismember and bury Guillen's remains in a rural area of Bell County near the Leon River.

Robinson is accused of killing Guillen in an armory room on Fort Hood on April 22, 2020.

RELATED: Vanessa Guillen killed with hammer and her body mutilated, affidavit says

Guillen's remains were not found until June 30, 2020. Robinson shot and killed himself in the early morning hours of the next day as police approached him in Killeen.

Mitchell says the chances of Aguilar's indictment being thrown for her alleged involvement in the death of Spc. Guillen are slim but Aguilar's attorneys will give it a shot.

"We generally see these types of motions used by defense attorneys as a bit of a fishing expedition, meaning they want to get as much information before the trial starts as possible," Mitchell explained.

The defense tried to throw out Aguilar's confession back in July but that attempt was denied.

Spc. Guillen's sister Mayra Guillen says someone has to answer for the crime.

"It's very upsetting to see that there's that persistence to be able to walk after you've done such a thing," Mayra Guillen explains about the many motions filed by Augilar's defense team.

Guillen family attorney Natalie Khawam says it's hard on the family to have this case drawn out.

"That's the problem with the system - it allows for defendants people like Cecily Aguilar to continue to to abuse the court system and file pleadings, frivolous pleadings and to not pay except taxpayers that are paying for those legal costs," she said.

Aguilar is the only person alive at this point who is charged and accused of being involved with the murder of Spc. Guillen. Mitchell says being involved even slightly is enough to be in court.

"Ultimately when you have two co-defendants that both carried out the commission of an offense, they're both charged the same whether one passes away in the course of the trial process or not," she added.

"She did what she did, which I can't even say in my own words," Mayra Guillen said. "I hate repeating what she did. "It just wouldn't be fair for us because she's the only person alive at this point, that we know of, that had to do with the murder of my sister. "It's only fair enough that there's punishment and accountability for her."

Mitchell says there could be several more motions or tactics used before testimony in this case starts. The biggest hurdle before trial will be finding a fair jury because of the national attention of this case.

Mitchell also tells 6 News that if the defense doesn't get the indictment thrown out in the pre-trial hearing, they will most likely try to do it again in trial.

The hearing Dec. 8 is expected to not last long. The judge will have the State prove the elements through one witness. It's not a situation in which the state has to outline their entire trial.

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