Dr. Anthony Garcia was in court Thursday, making a discovery request that is typically handled through routine written motions.
Garcia's attorney, Alison Motta, asked that prosecutors immediately turn over reports of evidence collected in the homicide investigation. Most similar discovery requests are made in writing and rarely have a hearing.
“Our investigation is at a standstill,” Motta said, claiming a lack of reports.
Douglas County prosecutors say they have an open-book policy in which all evidence and documents are turned over to defense lawyers for inspection.
District Judge Duane Dougherty declined to rule on Garcia's request.
Dougherty said he hasn't seen any problems in 25 years of dealing with the County Attorney's Office. He noted that the motion for discovery is only a month old.
“We're barely into this thing,” he said.
Douglas County Attorney Don Kleine said prosecutors have turned over 14 three-inch binders of police reports in the investigation and 5,000 photographs.
They are in the process of turning over 1,200 computer disks which contain, among other things, data pulled off of Garcia's phone and computers, he said.
Among that data, authorities have said, Garcia searched for the address of his former boss, Dr. Roger Brumback, after trying to break into another doctor's home in May.
Prosecutors say Garcia, miffed about his continual inability to get jobs or medical licenses, killed Brumback and his wife, Mary, in their home on Mother's Day.
They also allege that Garcia killed the house cleaner and son of his other former boss, Dr. William Hunter. Eleven-year-old Thomas Hunter and house cleaner Shirlee Sherman were stabbed to death in March 2008.
Brumback and William Hunter fired Garcia in 2001 after, they say, he tried to undermine another pathology resident's performance during an important test.
Garcia appeared in the yellow jail jumpsuit reserved for inmates who are in segregation. Garcia, who appeared to have lost significant weight, consulted quietly with his attorneys but did not address the judge.
Kleine said he will file an additional charge against Garcia, alleging that he attempted to burglarize the home of Dr. Chhanda Bewtra, another Creighton pathologist with whom Garcia had run-ins. The attempted burglary occurred May 12, the same day the Brumbacks were killed.
Investigators have said DNA evidence links Garcia to the attempted burglary.