Gainor argues she was illegally pulled over and detained without an arrest warrant.
Frazier argues she was pulled over because law enforcement knew she had been barred from post. During this encounter, she voluntarily agreed to accompany agents and speak with them about the investigation into the disappearance of V.G. (Vanessa Guillen), the motion reads. She was not under arrest. Her subsequent statement to law enforcement was not the product of an illegal seizure.
Frazier says Aguilar was told she was not under arrest and she was told she was free to leave. Although the Defendant was accused of lying to the agents previously and her phone was temporarily taken from her upon her initial encounter with law enforcement that day (and later returned during the interview), nothing was conveyed to her that she was under arrest, or not free to leave, until she was formally arrested, the motion reads.
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.