WACO, Texas — U.S. District Judge Alan Albright granted a motion to delay the trial of Cecily Aguilar, the woman charged in connection to the death of Fort Hood soldier Spc. Vanessa Guillen.
The delay came after the defense attorney for Cecily Aguilar filed a motion in a Waco federal court Monday.
Court documents show Supervisory Assistant Federal Public Defender Lewis Gainor's motion to continue was unopposed by the prosecution.
With the delay granted, Aguilar's plea agreement deadline is now Feb. 15, 2021, with rearraignment set for Feb. 23, 2021 and jury selection to begin on March 8 of next year.
Aguilar was charged with tampering with documents or proceedings and conspiracy to tamper with documents or proceedings in July for her alleged role in the death and disappearance of Fort Hood soldier, Spc. Vanessa Guillen in April.
Aguilar pleaded not guilty. She was previously scheduled to be rearraigned Jan. 5 followed by a trial on Jan. 19.
Gainor asked the court for more time to complete his review of discovery and investigation in his motion. He asked for a continuance of at least 30 days.
A criminal complaint accuses Spc. Aaron Robinson of killing Guillen on Fort Hood April 22. It alleges Robinson, with Aguilar's help, dismembered her body and buried the remains near the Leon River in Bell County.
Guillen's remains were found June 30. Robinson shot and killed himself the next day as Killeen police were approaching him.
Aguilar was arrested and remained in the McLennan County jail awaiting trial.
Gainor also filed what's called a motion for a bill of particulars on Dec. 22.
A bill of particulars requires the prosecution to advise the defendant of "any essential detail omitted from the indictment," according to the motion.
“When the charges in an indictment ‘are so general that they do not advise a defendant of the specific acts of which [she] is accused,’ it is within the trial court’s discretion to grant a bill of particulars," the motion said.
Gainor argued the indictment against Aguilar does not provide details on how she "conspired, combined, confederated and/or agreed to commit the charged offenses."
Gainor requested the court address 12 questions, including the release of any "records, documents and other objects" that were allegedly destroyed and her alleged role in the alleged conspiracy.
Gainor argued the indictment provides no details about the alleged conspiracy,
"It notes only that the actions allegedly undertaken by Ms. Aguilar and A.R. (Robinson) were '“part of the conspiracy,”' the motion states. "Ms. Aguilar is entitled to be apprised of the details of the alleged conspiracy through a bill of particulars in order to have an opportunity to investigate the allegations and mount a proper defense."
U.S. District Judge Alan Albright had not ruled on the motion for the bill of particulars as of Thursday.
AGUILAR INDICTMENTS
COUNT ONE
“From on or about April 22, 2020 through July 1, 2020, in the Western District of Texas, Defendant, CECILY ANN AGUILAR, did unlawfully and knowingly combine, conspire, confederate, and agree with another person to corruptly alter, destroy, mutilate, and conceal any record, document and other object, including the body of V.G.(Vanessa Guillen), and did attempt to do so, with the intent to impair its integrity and availability for use in an official proceeding, contrary to Title 18, United States Code, Section 1512(c)(1); It was part of the conspiracy that Defendant and another person, A.R., would dismember the body of V.G. and hide the remains, in order to prevent A.R. from being charged with and prosecuted for any crime;
COUNT TWO
“On or about April 23, 2020, in the Western District of Texas, Defendant, CECILY ANN AGUILAR, did corruptly alter, destroy, mutilate, and conceal any record, document and other object, including the body of V.G., and did attempt to do so, with the intent to impair its integrity and availability for use in an official proceeding;
COUNT THREE
“On or about April 26, 2020, in the Western District of Texas, Defendant, CECILY ANN AGUILAR, did corruptly alter, destroy, mutilate, and conceal any record, document and other object, including the body of V.G., and did attempt to do so, with the intent to impair its integrity and availability for use in an official proceeding."