Editor’s Note:
KGUN9 earlier reported incorrectly that the Pima County Attorney had suffered a setback and had been denied a hearing on the issue. A new order reversed a previous ruling and rejected the Federal Government’s request to cancel a hearing on the matter. The hearing is affirmed and set for 1:30pm Monday September 29.
Pima County Attorney Laura Conover has an opportunity to make progress in her fight to get a murder suspect back from the Feds so she can prosecute him.
Tucson Police had arrested Julio Cesar Aguirre on murder charges from a mid-town crime spree in late June. He was hospitalized for injuries received in his arrest when Federal prosecutors seized Aguirre for their own prosecution.
The Pima County Attorney's Office sued high-ranking members of the Trump Administration in federal court to gain access to Aguirre.
County Attorney Laura Conover says Federal authorities seizing and holding Aguirre is improper interference with her ability to take Aguirre to trial on state murder charges. She says Federal prosecutions move more slowly and that many of the witnesses are older and may not be able to testify if a prosecution is delayed, especially if the state’s case has to wait for Federal prosecution to complete.
Aguirre faces state charges of first-degree murder for the shooting death of 70-year-old Ricky Miller Sr. plus other serious charges in attacks against six more community members.
The Department of Justice argued Conover lacked legal basis to continue her lawsuit to get access to Aguirre.
At first Federal District Judge Rosemary Marquez agreed with the Federal lawyers
and canceled a Monday hearing on the matter, then issued a new order saying there are issues that should be discussed in court so she will hold the hearing after all.
Federal prosecutors have charged Aguirre with crimes other than murder that have the potential to give him the death penalty.
Pima County Attorney Conover has made it her policy not to seek the death penalty in murder cases. Her prosecutors often work toward life sentences instead.
In a statement, The Pima County Attorney's Office says it will stay vigilant in our efforts to seek the Court's assistance to require them to produce Aguirre so we can prosecute him and bring justice to victims in this case.
