UPDATE | Hoerig trial moved to September as hearings continue


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WARREN — Two days after filing details of Claudia Hoerig's confession to killing her husband, prosecutors were in court today regarding a motion filed by her attorneys to dismiss charges against her.

The parties agreed the trial will now be delayed to Sept. 17, a change from the April 16 trial date previously in effect for the case. Hoerig waived her speedy-trial rights for 270 days.

Defense attorneys said one reason for the delay is so that they can review the 195-page filing from prosecutors that contained documents indicating that Hoerig confessed to killing her husband on the airplane ride back to Trumbull County from Brazil on Jan. 17.

Another hearing is scheduled for Wednesday to address whether defense attorneys still want a hearing in regard to whether charges should be dismissed.

Prosecutors filed the lengthy document Tuesday in Trumbull County Common Pleas Court to reply to Hoerig's motion asking for charges to be dismissed on the grounds that prosecutors did not bring her to trial within the 90-day requirements for a speedy trial.

Part of the prosecutors' filing were details of the confession Hoerig gave to agents with the U.S. Marshal's Service on the airplane coming back from Brazil to Trumbull County and an interview she gave later that night at the Trumbull County Sheriff's Office.

Hoerig, 53, said she shot her husband three times in their Newton Falls home, killing him March 12, 2007, before fleeing back to her native Brazil. She also painted her husband, Karl, a major in the Air Force Reserves and a commercial pilot, as abusive.

Judge Andrew Logan said at an earlier hearing there could be testimony at today's hearing to help the judge rule on the motion.

She is set to go on trial April 16 on aggravated murder in her husband's death.

Her trial was set so soon because Ohio law requires her to tried within 90 days of her arrest unless she waives that right.

Hoerig’s attorneys with the Ohio Public Defender’s Office sought to have charges against her dismissed based on their interpretation of her rights to have a speedy trial.

A defense filing says she was arrested April 20, 2016, in Brazil, and has been incarcerated since then. They argue that the clock on her 90 days should have begun then, not this January.

“Given the lengthy delay in this case, [Hoerig] respectfully submits that her statutory speedy trial rights were violated and her case must be dismissed,” the filing says.

Prosecutors said in their Tuesday filing evidence will show that the delay in trying her were because of the refusal of the Brazilian government to return her to the United States for 21 months after her arrest in Brazil. In all, she was in Brazil nearly 11 years between her husband's killing and her return to Trumbull County.

9:51 a.m.

WARREN — Two days after filing details of Claudia Hoerig's confession to killing her husband, prosecutors were in court today regarding a motion filed by her attorneys to dismiss charges against her.

The parties agreed that the trial will now be delayed to Sept. 17, a change from the April 16 trial date previously in effect for the case. Hoerig waived her speedy-trial rights for 270 days.

Defense attorneys said one reason for the delay is so that they can review the 195-page filing from prosecutors.

Another hearing is scheduled for Wednesday to address whether defense attorneys still want a hearing to call witnesses in regard to whether charges should be dismissed.

Prosecutors filed the lengthy document Tuesday in Trumbull County Common Pleas Court to reply to Hoerig's motion asking for charges to be dismissed on the grounds that prosecutors did not bring her to trial within the 90-day requirements for a speedy trial.

Part of the prosecutors' filing were details of the confession Hoerig gave to agents with the U.S. Marshal's Service on the airplane coming back from Brazil to Trumbull County Jan. 17 and an interview she gave later that night at the Trumbull County Sheriff's Office.

Hoerig, 53, said she shot her husband three times in their Newton Falls home, killing him March 12, 2007, before fleeing back to her native Brazil. She also painted her husband, Karl, a major in the Air Force Reserves and a commercial pilot, as abusive.

Judge Andrew Logan said at an earlier hearing there could be testimony at today's hearing to help the judge rule on the motion.

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