Court awaiting evidence for Fraga omnibus hearing
WORTHINGTON -- The Worthington man accused of unintentionally murdering his 2-year-old niece made a brief court appearance Tuesday morning in Nobles County District Court.
Josue Fraga, 34, appeared with public defender Christina Wietzema, who requested an omnibus hearing be scheduled. A date for the omnibus will have to wait because all evidence is not back from the forensic experts, but Wietzema did waive the 28-day speedy process right on Fraga's behalf.
"If it doesn't get set right away, you can't come back and complain," Judge Jeffrey Flynn told Wietzema, who said if the court process dragged out for an extended period of time, the bail amount may have to be revisited.
Wietzema estimated the court schedule would have to be cleared for approximately two hours for the omnibus, but Nobles County Attorney Gordon Moore recommended setting a half day aside for the hearing.
Moore also requested that the bail amount remain in place.
Until information regarding the medical and scientific evidence in the case is given to the authorities and attorneys, things are generally at a standstill.
The Ramsey County Medical Examiner's Office is performing the autopsy on the body of Samantha Fraga, which can be a lengthy process. The Minnesota Bureau of Criminal Apprehension is working on scientific evidence -- something that can also take time. It is unknown when the results of the forensic tests will be available.