Defense attorney Fred Jimenez said he plans to file a motion to dismiss the case against his client, Joseph Tejeda, during Wednesday's status hearing on the Breanna Wood murder case.
Jimenez said he plans to file the motion based on grounds that Tejeda has not been given a speedy trial.
Jimenez also said he plans to file a motion questioning the validity of the attorney general’s office ability to try this case, and others involving Tejeda.
Wood was killed in 2016, and Tejeda, her ex-boyfriend, was charged with capital murder. Six others — including Tejeda's mother Rosalinda Musella, and Sandra Vasquez — also were arrested in connection with the crime.
Three of them have accepted plea deals in exchange for their testimony.
Vasquez is also charged charged with capital murder. Her defense attorney David Klein also said he also plans to file a motion to dismiss, alleging prosecutorial misconduct by the Nueces County District Attorney’s Office.
In a 6 Investigates exclusive interview with Breanna’s mother Fallon in April 2022, she claimed Nueces County Assistant District Attorney Angelica Hernandez allowed her to view evidence in her daughter’s case.
“She made her story heard and I think that’s why we are where we are today with getting that case moving forward," Sharon Sedwick, a crimes victim advocate, said."
Judge Manuel Bañales also reinforced the gag order in place in the case.
Motions are expected to be filed June 24, and the next status hearing is set for July 15.
“For the victims and the accused, this needs to be cleaned up," Sedwick said. "Is a dismissal cleaning it up? I don’t know. I don’t think so but we just have to let the justice system play out.”
