Update on Arivaca Arizona Minuteman Murders – Albert Gaxiola attorney look to excuse his participation in the murders

Albert Gaxiola and lawyers in court for status conference where excuses for his involvement disguised as "motions" were presented

July 12 saw a status conference for Minuteman Shawna Forde and her cohorts, charged in the home invasion murder of 9 year old Brisenia Flores and her father, Raul on May 30,2009. The day belonged to Gaxiola as his attorneys filed a slew of motions citing mitigating circumstances.

Jack Lansdale and Steven West also asked Judge John Leonardo to try Gaxiola separately from co-defendants Shawna Forde and Jason Bush. They claim there is no evidence Gaxiola was in the Flores house when they were shot and it would be unfair to try him at the same time as Bush, the shooter and Forde.

Bush is set to be tried in November of this year, Forde and Gaxiola in January 2011.

The lawyers also submitted to the Court and prosecutors a list of possible defenses, including;

1. The state has insufficient evidence.
2. Someone else was responsible.
3. He didn’t intend for the crimes to occur.
4. He wasn’t there when the crimes occurred
5. He has a reputation for non-violence.

Did ya’ll get all of that? If not, read it again.

1. Insufficient evidence that includes witnesses seeing Gaxiola and Forde scoping out the house the morning before the murders in the mini van that was later found parked at Gaxiola’s house with traces of Bush’s blood inside? Hard feelings between Flores and Gaxiola over a dope deal gone bad or missing product?  Need we go on?
2. Someone else was responsible? Well……………. It was Fordes idea and Bush was the apparent shooter…. However, involvement makes one equally guilty as if they had pulled the trigger.
3. He didn’t intend for the crime to occur! You invade a mans home at 1:30 in the morning, posing as law enforcement officers, with weapons drawn, to rob the man, but you don’t intend for a crime to occur? D’uh?
4. He wasn’t there? Well now that is two that apparently have an iron clad alibi for that night. Where was he? And is he Fordes alibi and vice versa?
5. Well la dee fuckng daa!  So did Ted Bundy!

Not leaving any bases uncovered, the attorneys also advised the Judge and prosecutors of their strategy and excuses to be if Gaxiola is convicted. They include;

1. His role was minor,
2. He won’t be dangerous in the future,
3. He was abused as a child,
4. He has a history of poor judgment and impulsiveness
5. He has a problem with substance abuse.

The age old PMS defense (Poor Me Syndrome)

How much more bizarre can this case get?

No word whether Forde was in Court this time. For past hearings, she has taken the cowards way out and refused to attend.

Related posts:

1. Prelims underway for the trial of Albert Gaxiola
2. Prosecution – Gaxiola was the orchestrator of the Arivaca murders
3. Albert Gaxiola sentenced to “natural life” plus 54 years in prison
4. Arivaca Minuteman Murders – Two down One to go – Jason Bush received Death Penalty
5. Gaxiola escapes the death penalty for murdering 9 year old Brisenia Flores & father Raul