POSTED: Friday, February 28, 2014 - 3:20pm
UPDATED: Friday, February 28, 2014 - 4:56pm
Hearing for Motion to Supress evidence set for March 28th, Trial for May 28th
El Paso, Tx — A once-convicted killer's fate still remains unknown, as his defense team looks to have his murder confession tossed out. Daniel Villegas had a hearing Friday afternoon, but no decision was made about whether or not he will need to go to trial a third time.
Friday, Defense Attorney Joe Spencer filed several motions with the court one of which includes a request that Villegas’ original confession to murder be thrown out. Spencer said his confession was made to police under coercion and duress.
Villegas was convicted in 1996 of killing two men in a drive-by shooting in 1993 in northeast El Paso. Villegas served almost 20 years of a life sentence, but was released on bond in January.
The Texas Court of Criminal Appeals recommended in December Villegas get a new trial.
Spencer told News Channel 9 Friday he hoped the district attorney's office would dismiss the case all together.
Instead, no decision was made and which both Spencer and Villegas said it is incredibly frustrating.
"I'm disappointed that you know that we have to go through this all again. Like I said it's not just nerve wracking on myself, it's also nerve racking on my family. And it does take a big toll on you, it wrecks you up. I mean, it makes you lose hair. I mean what can you expect, "Villegas said.
According to on-line court records, another hearing for Villegas is set for March 28th.
Spencer said the district attorney's office can dismiss the case all together up until May 28, but Spencer thinks they will know whether or not Villegas will need to go to trial again before that date.