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Anthony Garcia's lawyers want personal journal, files kept by murder victim

Anthony Garcia’s attorneys want personal journals and files from one of the victims he’s accused of killing.

Garcia is accused of killing Thomas Hunter and Shirlee Sherman in 2008, and Dr. Roger Brumback and his wife, Mary, in 2013. Hunter’s father and Dr. Brumback were colleagues in the Creighton University pathology department. Garcia was a pathology resident at Creighton and was fired from the program in 2001.

Alison Motta filed a motion for the state to turn over personal journal entries and files from Dr. Roger Brumback, as well as records from Creighton. The Mottas also want any handwritten notes Omaha Police officers may have taken in relation to the cases. Alison Motta called the items “extremely important” to the case.

Attorney Bob Motta, Senior, also referenced an Omaha Police document from a neighbor of the Brumbacks. The document says that person called OPD to report that Mary Brumback said her husband, Dr. Roger Brumback, believed his life was in danger.

County Attorney Don Kleine said the state doesn’t have those items.

Alison Motta argued in court Thursday morning that some evidence hadn’t been turned over yet in spite of repeated requests. She said the defense was also missing some pages of documents. Kleine said Garcia’s defense team has everything the state has.

Judge Duane Dougherty didn’t rule on the motions, and suggested both sides improve communication relating to evidence.

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