HANIA AGUILAR: NC vs. Michael McLellan for kidnapping, rape, and murder of 13-year-old girl *GUILTY PLEA*

One year later, Hania Aguilar murder case proceeds slowly in Robeson County

Today is the anniversary of the day the FBI found the missing 13-year-old’s body.

www.fayobserver.com

One year later, Hania Aguilar murder case proceeds slowly in Robeson County
November 2019

One year ago today, agents with the Federal Bureau of Investigation made a dreaded find: The body of 13-year-old Hania Noelia Aguilar.

The Lumberton girl lay face-down, naked, in a pit of water more than 4 feet deep off Wire Grass Road outside of Lumberton.

Hania had been missing for 22 days. A man kidnapped her from her yard in Rosewood Mobile Home Park on the morning of Nov. 5, 2018, while she was waiting for her aunt to drive her to school.

Lumberton police and the FBI reacted quickly when she was taken. An Amber Alert was issued within a few hours. Law enforcement agencies combed the area, asked the public repeatedly for any information and security camera footage that could help, and they conducted electronic dragnets of cellular phone data in search of clues.

A year later, the case against the man accused of kidnapping, raping and murdering Hania appears to be moving at the slow pace typical of the burdened Robeson County justice system.

Defendant Michael R. McLellan of Fairmont was arrested and jailed on Nov. 12, 2018, on an unrelated rape charge amid the Hania investigation. He was charged in Hania’s case on Dec. 8, hours before her funeral.

McLellan was indicted in May, and in early June, the Robeson County District Attorney’s Office announced it would seek the death penalty. A second lawyer, Geoffrey Hosford, has joined the defense team, as required in death penalty cases.

One year ago: Michael McLellan charged in Hania Aguilar murder, kidnapping

LUMBERTON, NC (WBTW) – A year has gone by since Michael McLellan was charged in the death of Hania Aguilar. McLellan was arrested on 10 felony charges related to the death of Hania Aguilar on…

www.wbtw.com

One year ago: Michael McLellan charged in Hania Aguilar murder, kidnapping
December 2019

A year has gone by since Michael McLellan was charged in the death of Hania Aguilar.

McLellan was arrested on 10 felony charges related to the death of Hania Aguilar on Dec. 8, 2018.

An FBI press release said McLellan was arrested for Aguilar’s murder shortly after forensic test results were processed.

34-year-old McLellan was already in custody in connection with an attempted robbery at the time.

The charges are as follows:

• First-degree murder
• First-degree forcible rape
• Statutory rape of a person under 15 years of age or younger
• First-degree sexual offense
• Statutory sex offense with a person 15 years or younger
• First-degree kidnapping
• Felony larceny
• Felony restraint
• Abduction of child
• Concealment of a death

McLellan made his first court appearance following the arrest on Dec. 10, where he was denied bond.

 

[GrandmaBear]

View attachment 1359

One year later, Hania Aguilar murder case proceeds slowly in Robeson County

Today is the anniversary of the day the FBI found the missing 13-year-old’s body.

www.fayobserver.com

One year later, Hania Aguilar murder case proceeds slowly in Robeson County
November 2019

One year ago today, agents with the Federal Bureau of Investigation made a dreaded find: The body of 13-year-old Hania Noelia Aguilar.

The Lumberton girl lay face-down, naked, in a pit of water more than 4 feet deep off Wire Grass Road outside of Lumberton.

Hania had been missing for 22 days. A man kidnapped her from her yard in Rosewood Mobile Home Park on the morning of Nov. 5, 2018, while she was waiting for her aunt to drive her to school.

Lumberton police and the FBI reacted quickly when she was taken. An Amber Alert was issued within a few hours. Law enforcement agencies combed the area, asked the public repeatedly for any information and security camera footage that could help, and they conducted electronic dragnets of cellular phone data in search of clues.

A year later, the case against the man accused of kidnapping, raping and murdering Hania appears to be moving at the slow pace typical of the burdened Robeson County justice system.

Defendant Michael R. McLellan of Fairmont was arrested and jailed on Nov. 12, 2018, on an unrelated rape charge amid the Hania investigation. He was charged in Hania’s case on Dec. 8, hours before her funeral.

McLellan was indicted in May, and in early June, the Robeson County District Attorney’s Office announced it would seek the death penalty. A second lawyer, Geoffrey Hosford, has joined the defense team, as required in death penalty cases.

One year ago: Michael McLellan charged in Hania Aguilar murder, kidnapping

LUMBERTON, NC (WBTW) – A year has gone by since Michael McLellan was charged in the death of Hania Aguilar. McLellan was arrested on 10 felony charges related to the death of Hania Aguilar on…

www.wbtw.com

One year ago: Michael McLellan charged in Hania Aguilar murder, kidnapping
December 2019

A year has gone by since Michael McLellan was charged in the death of Hania Aguilar.

McLellan was arrested on 10 felony charges related to the death of Hania Aguilar on Dec. 8, 2018.

An FBI press release said McLellan was arrested for Aguilar’s murder shortly after forensic test results were processed.

34-year-old McLellan was already in custody in connection with an attempted robbery at the time.

The charges are as follows:

• First-degree murder
• First-degree forcible rape
• Statutory rape of a person under 15 years of age or younger
• First-degree sexual offense
• Statutory sex offense with a person 15 years or younger
• First-degree kidnapping
• Felony larceny
• Felony restraint
• Abduction of child
• Concealment of a death

McLellan made his first court appearance following the arrest on Dec. 10, where he was denied bond.

View attachment 1364

I remember this one. Our justice system is too slow although at least he is in jail without bond.

 

[SheWhoMustNotBeNamed]

No, Hania Aguilar's accused murderer has not been released from prison

The Robeson County Sheriff wants to clear the air: the man accused of murdering Hania Aguilar has not been released from state prison. Sheriff Burnis Wilkins took to Facebook on Wednesday to spread the message: Michael McLellan remains imprisoned in North Carolina while he awaits trial for...

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No, Hania Aguilar's accused murderer has not been released from prison

The Robeson County Sheriff wants to clear the air: the man accused of murdering Hania Aguilar has not been released from state prison.

Sheriff Burnis Wilkins took to Facebook on Wednesday to spread the message: Michael McLellan remains imprisoned in North Carolina while he awaits trial for Hania's murder.

"Some of you are receiving text message alerts from NC SAVAN (North Carolina Statewide Automated Victim Assistance and Notification) that the below accused murderer of Hania Aguilar has been released," the Facebook post reads. "NOT TRUE."

Sheriff Wilkins explains that McLellan completed a sentence on an unrelated charge and he was removed from the state computer system.

"He is still being held in state prison for safe keeping pending his Murder charge," Sheriff Wilkins reassured.

 

[SheWhoMustNotBeNamed]

Hania Aguilar's accused murderer gets a June court date

The man accused of raping and killing a 13-year-old Lumberton teen has a court date set for June. Michael McLellan, 34, is facing 10 felonies in connection to Hania Aguilar's kidnapping in November 2018. Charges include first-degree murder, first-degree forcible rape, concealment of death and...

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Hania Aguilar's accused murderer gets June court date

The man accused of raping and killing a 13-year-old Lumberton teen has a court date set for June.

Michael McLellan, 34, is facing 10 felonies in connection to Hania Aguilar's kidnapping in November 2018.

Charges include first-degree murder, first-degree forcible rape, concealment of death and abduction of a child.


Prosecutors are expected to release more information on why McLellan is on the June court docket closer to the date.

 

[GrandmaBear]

Hania Aguilar's accused murderer gets a June court date

The man accused of raping and killing a 13-year-old Lumberton teen has a court date set for June. Michael McLellan, 34, is facing 10 felonies in connection to Hania Aguilar's kidnapping in November 2018. Charges include first-degree murder, first-degree forcible rape, concealment of death and...

wpde.com

Hania Aguilar's accused murderer gets June court date

The man accused of raping and killing a 13-year-old Lumberton teen has a court date set for June.

Michael McLellan, 34, is facing 10 felonies in connection to Hania Aguilar's kidnapping in November 2018.

Charges include first-degree murder, first-degree forcible rape, concealment of death and abduction of a child.


Prosecutors are expected to release more information on why McLellan is on the June court docket closer to the date.

Interesting. Maybe they are close to some sort of a deal and he is going to plead?

 

[SheWhoMustNotBeNamed]

Lumberton teen remembered after being abducted, killed two years ago

13-year-old Hania Noeila Aguilar was abducted from her home in Lumberton and found dead three weeks later in a swampy, wooded area in Robeson County. She was abducted near her family’s home back off of Elizabethtown Road in Lumberton. She was found dead on Nov. 27 in a wooded and swampy area off...

wpde.com

Lumberton teen remembered after being abducted, killed two years ago
13-year-old Hania Noeila Aguilar was abducted from her home in Lumberton and found dead three weeks later in a swampy, wooded area in Robeson County.

She was abducted near her family’s home back off of Elizabethtown Road in Lumberton. She was found dead on Nov. 27 in a wooded and swampy area off of Wire Grass Road in Lumberton.

Two years later, the man charged in Hania’s killing, Michael McLellan, hasn’t been tried.

The State of North Carolina announced last June that it is seeking the death penalty against McLellan.


A trial date for McLellan hasn't been set at this time.

ABC 15’s calls throughout the past year to the Robeson Counry District Attorney’s Office in effort to get updates on the case haven’t been returned.

 

[SheWhoMustNotBeNamed]

Robeson County man accused of killing Lumberton teen expected to be tried in June

Michael McLellan, 36, is expected to be tried in June for the murder of 13-year-old Hania Noelia Aguilar in November of 2018, according to Robeson County District Attorney Matthew Scott. Scott told ABC 15 in a telephone message that the case is on the homicide calendar and they anticipate...

wpde.com

Robeson County man accused of killing Lumberton teen expected to be tried in June
Michael McLellan, 36, is expected to be tried in June for the murder of 13-year-old Hania Noelia Aguilar in November of 2018, according to Robeson County District Attorney Matthew Scott.

Scott told ABC 15 in a telephone message that the case is on the homicide calendar and they anticipate McLellan's case going to the June administrative calendar.

McLellan is charged with 10 felonies related to Hania's case, including first-degree murder, first-degree rape and first-degree kidnapping.

 

[GrandmaBear]

Death penalty. GOOD. This case was acted on so fast and they also found her more quickly than many, but even so, she was found dead and too late.

 

[SheWhoMustNotBeNamed]

Man charged in murder of 13-year-old Lumberton girl not likely to be tried this year

A man charged in the kidnapping and murder of a 13-year-old Lumberton girl in November of 2018 isn't likely to be tried this year, according to court officials. A hearing was held Monday afternoon at the Robeson County Courthouse for a status update in the case of 36-year-old Michael McLellan...

wpde.com

Man charged in murder of 13-year-old Lumberton girl not likely to be tried this year
A man charged in the kidnapping and murder of a 13-year-old Lumberton girl in November of 2018 isn't likely to be tried this year, according to court officials.

A hearing was held Monday afternoon at the Robeson County Courthouse for a status update in the case of 36-year-old Michael McLellan.

McLellan wasn't present, but his lawyers spoke on his behalf.

They said they're just not ready for trial due to setbacks they've faced.

"In addition to capital case, there are two unrelated rape cases in 2019. We are nowhere near prepared for trial just yet. In addition to COVID delays, there are some delays with experts," said Harold "Butch" Pope.


A second admin or status hearing will be held for McLellan in December.

His lawyers said at that time, a trial date could be set, but that's not for certain at this time.

McLellan remains in custody at a prison in Raleigh.

 

[GrandmaBear]

Man charged in murder of 13-year-old Lumberton girl not likely to be tried this year

A man charged in the kidnapping and murder of a 13-year-old Lumberton girl in November of 2018 isn't likely to be tried this year, according to court officials. A hearing was held Monday afternoon at the Robeson County Courthouse for a status update in the case of 36-year-old Michael McLellan...

wpde.com

Man charged in murder of 13-year-old Lumberton girl not likely to be tried this year
A man charged in the kidnapping and murder of a 13-year-old Lumberton girl in November of 2018 isn't likely to be tried this year, according to court officials.

A hearing was held Monday afternoon at the Robeson County Courthouse for a status update in the case of 36-year-old Michael McLellan.

McLellan wasn't present, but his lawyers spoke on his behalf.

They said they're just not ready for trial due to setbacks they've faced.

"In addition to capital case, there are two unrelated rape cases in 2019. We are nowhere near prepared for trial just yet. In addition to COVID delays, there are some delays with experts," said Harold "Butch" Pope.


A second admin or status hearing will be held for McLellan in December.

His lawyers said at that time, a trial date could be set, but that's not for certain at this time.

McLellan remains in custody at a prison in Raleigh.

Typical. Delays, always reasons, always excuses. And yet another case as so many lately where the defendant does not appear. I think they should be required to appear even if by Zoom, etc.

 

[SheWhoMustNotBeNamed]

Judge approves new motions filed in Hania Aguilar murder case

The man accused of kidnapping and murdering 13-year-old Hania Aguilar is set to appear in court Thursday morning.

www.wmbfnews.com

Judge approves new motions filed in Hania Aguilar murder case​

The man accused of kidnapping and murdering 13-year-old Hania Aguilar appeared in court virtually Thursday morning for a hearing.

The hearing for Michael McLellan was regarding motions that the defendant’s attorneys had filed.

One motion was for discovery, specifically related to material that is in the possession of, or created by, the FBI as part of the investigation. The other motion was for the preservation of evidence in the case.

Judge Greg Bell agreed to both motions. The state did not offer any objections.

 

[SheWhoMustNotBeNamed]

3 years later, still no trial in abduction, killing of Lumberton teen

Three years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on November 5, 2018, in Lumberton. Aguilar was abducted from outside her family’s home back off of Elizabethtown Road in Lumberton. She was found dead on Nov. 27 in a...

wpde.com

3 years later, still no trial in abduction, killing of Lumberton teen

Three years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on November 5, 2018, in Lumberton.

Michael McLellan has been charged in the case and is still waiting to be tried.


Robeson County District Attorney Matthew Scott said they're making progress on the case and are moving toward a trial.

Scott said they're in the process of turning over evidence in federal custody to McLellan's lawyers.

The State of North Carolina announced in June of 2019 that it is seeking the death penalty against McLellan.

Prosecutors confirmed that the crimes do fit the criteria for the state to seek the death penalty. They also stated the aggravating circumstances included McLellan’s prior record which consists of violent crimes and the extremely atrocious, heinous and cruel murder of Hania.

McLellan will have two attorneys to represent him in the death penalty case.

 

[GrandmaBear]

3 years later, still no trial in abduction, killing of Lumberton teen

Three years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on November 5, 2018, in Lumberton. Aguilar was abducted from outside her family’s home back off of Elizabethtown Road in Lumberton. She was found dead on Nov. 27 in a...

wpde.com

3 years later, still no trial in abduction, killing of Lumberton teen

Three years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on November 5, 2018, in Lumberton.

Michael McLellan has been charged in the case and is still waiting to be tried.


Robeson County District Attorney Matthew Scott said they're making progress on the case and are moving toward a trial.

Scott said they're in the process of turning over evidence in federal custody to McLellan's lawyers.

The State of North Carolina announced in June of 2019 that it is seeking the death penalty against McLellan.

Prosecutors confirmed that the crimes do fit the criteria for the state to seek the death penalty. They also stated the aggravating circumstances included McLellan’s prior record which consists of violent crimes and the extremely atrocious, heinous and cruel murder of Hania.

McLellan will have two attorneys to represent him in the death penalty case.

Has this case really been three years? Wow. I remember when she went missing and it was a case where it was not too long and they sadly found her. And had the perp under arrest...

Our system imo has become way too fraught with delays and other issues. As they say, justice delayed is justice denied.

 

[SheWhoMustNotBeNamed]

More info provided for suspect's lawyers in rape, killing of Lumberton teen, attorney says

The lawyers for the suspect accused in the rape and killing of a 13-year-old Lumberton girl in November of 2018 now have more information they requested in the case, according to Robeson County District Attorney Matthew Scott. Michael McLellan is charged with 10 felonies, including first-degree...

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More info provided for suspect's lawyers in rape, killing of Lumberton teen, attorney says
The lawyers for the suspect accused in the rape and killing of a 13-year-old Lumberton girl in November of 2018 now have more information they requested in the case, according to Robeson County District Attorney Matthew Scott.

Scott said they've turned over evidence that was in federal custody to McLellan's two lawyers.

An administrative hearing in the case is scheduled to take place in January.

 

[SheWhoMustNotBeNamed]

Lawyer of suspect in rape, killing of Lumberton teen seeks to withdraw from case

One of the lawyers representing a man charged in the brutal killing and rape of a Lumberton teen has filed a motion to withdraw from the case, according to Robeson County District Attorney Matthew Scott. Michael McLellan, 36, is charged with 10 felonies, including first-degree murder...

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Lawyer of suspect in rape, killing of Lumberton teen seeks to withdraw from case
One of the lawyers representing a man charged in the brutal killing and rape of a Lumberton teen has filed a motion to withdraw from the case, according to Robeson County District Attorney Matthew Scott.

Scott said McLellan has two appointed lawyers because the State of North Carolina is seeking the death penalty against him.

Scott said because it's a capital case the North Carolina Office of Capital Defense will have to appoint McLellan another attorney.


Officials said there will be several more hearings for McLellan before a trial date is set.

 

[SheWhoMustNotBeNamed]

4 years later, still no trial in abduction, killing of Lumberton teen

Four years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on Nov. 5, 2018 in Lumberton.Ag

wpde.com

4 years later, still no trial in abduction, killing of Lumberton teen
Four years later, there is still no trial date set for the man accused of abducting and killing 13-year-old Hania Noeila Aguilar on Nov. 5, 2018, in Lumberton.

Michael McLellan has been charged in the case and is still waiting to be tried.

Robeson County District Attorney Matthew Scott hasn't returned our phone calls for any updates regarding a possible trial date.

 

[SheWhoMustNotBeNamed]

Tentative September trial date set for man accused of killing Robeson County teenager Hania Aguilar in 2018

ROBESON COUNTY, N.C. (WBTW) — More than four years after Robeson County teenager Hania Aguilar was kidnapped and murdered, a tentative trial date has finally been set for her accused killer, …

www.counton2.com

Tentative September trial date set for man accused of killing Robeson County teenager Hania Aguilar in 2018​

More than four years after Robeson County teenager Hania Aguilar was kidnapped and murdered, a tentative trial date has finally been set for her accused killer, authorities said.

Michael McLellan is scheduled to go on trial on Sept. 18, according to Robeson County District Attorney Matt Scott. The date was set during a hearing on Monday.

The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same.

 

[GrandmaBear]

Tentative September trial date set for man accused of killing Robeson County teenager Hania Aguilar in 2018

ROBESON COUNTY, N.C. (WBTW) — More than four years after Robeson County teenager Hania Aguilar was kidnapped and murdered, a tentative trial date has finally been set for her accused killer, …

www.counton2.com

Tentative September trial date set for man accused of killing Robeson County teenager Hania Aguilar in 2018​

More than four years after Robeson County teenager Hania Aguilar was kidnapped and murdered, a tentative trial date has finally been set for her accused killer, authorities said.

Michael McLellan is scheduled to go on trial on Sept. 18, according to Robeson County District Attorney Matt Scott. The date was set during a hearing on Monday.

The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same.

Just what is their problem here? Or their excuse? This beautiful teenaged girl was kidnappsed and killed within no time right out of her own yard basically and an arrest was swift. And nothing since has moved whatsoever.

 

[Mel70]

Just what is their problem here? Or their excuse? This beautiful teenaged girl was kidnappsed and killed within no time right out of her own yard basically and an arrest was swift. And nothing since has moved whatsoever.

Yes. It has been at a standstill. Now SEPTEMBER?!!! The more delays, The more family is waiting for justice. The "Justice" System doesn't seem to get that. I'm glad they are seeking the death penalty. No plea deal for once.

 

[SheWhoMustNotBeNamed]

Trial continued for man accused in murder, rape of 13-year-old Lumberton girl

North Carolina Superior Court Judge James Gregory Bell has continued the trial of a man accused of abducting and killing 13-year-old Hania Noeila Aguilar from S

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Trial continued for man accused in murder, rape of 13-year-old Lumberton girl
North Carolina Superior Court Judge James Gregory Bell has continued the trial of a man accused of abducting and killing 13-year-old Hania Noeila Aguilar from September to sometime early next year.
McLellan's lawyers Emily Byrum and Harold "Butch" Pope filed a motion last month for a continuance due to delays and the withdrawal of an attorney on the case.

Byrum told the judge she was just appointed to help represent McLellan last April and needed more time to prepare.

"It’s our belief that looking at the discovery in this case. In the amount of time that I have been appointed Just since April 1 of last year. We are just not going to be able to effectively represent Mr. McLellan going forward in September. I will tell the court that Mr. Pope and myself, do not have anything as scheduled for trial at this time, starting in 2024. And we will respectfully request as a Court considered, perhaps I could February 2024 trial date," said Byrum.

Pope added this case has a lot of evidence or discovery to still be reviewed.

“There is over 5,000 pages of discovery. And we just don’t represent Mr. McLellan on those 10 charges listed in a motion. We also represent him on unrelated charges. One being burglary and rape. One being strangulation and kidnapping, assault on a female. Another one being a firearm by a felon," said Pope.

Robeson County District Attorney Matthew Scott said he understands the defense's issues, but the case has been on the docket for nearly five years.

“The offense of this date was November 5, 2018. The arrest date was, December 8 of 2018. The state has provided the defense. We believe the discovery. We have been working with the defense. And getting them that discovery, both discovery from the state. But also, discovery from the federal authorities and provided that. This September trial date was set back in December. The state does understand that Ms. Byrum came on April 1st, if I’m not mistaken of last year. However, Mr. Poole has been on , if I’m not mistaken the case, since it’s inception. And I am sure Mr. Pope is very experienced. Ms. Byrum is very experienced. But at least one of the two defense attorneys has been on this case since the inception," said Scott.

Scott told the judge Hania's family is ready to go to trial.

“Not just the state, but the family is ready to proceed to see that this case comes to a resolution. Sooner rather than later. As we stated, it has been since his arrest date in December 8 of 2018. We would be opposed to this motion. We believe September is reasonable, based on all the circumstances. And the state would be prepared to go forward at that time," said Scott.

Hania's mother, Celsa Hernandez, spoke to the judge through a translator.

"She believes they’ve had enough time. If the defendant didn’t give enough time for her daughter to live. Why should he be given a chance for the case to be continued? They’ve gone through a nightmare. And she feels like it’s time for justice to be served. And they miss Hania," the translator said on behalf of Hernandez.

Judge Bell said he understands the family wants to move forward, but he wants to make sure all sides have ample time to prepare.

“I don’t want to put the attorneys in a position where we come up in September, and then we find out we’ve got to continue. And I don’t want a situation where when the attorneys are forced to go into a trial and they’re not ready. And it ends up, we have to try the case a second time. I don’t want to do that. And I understand that y’all want justice as quick as possible, and I’m sure everybody has that same feeling. We just want to do it right the first time. And not have to do it more than once. So, here is my suggestion. Is that I will continue the case in the September calendar. That we put it on the June administrative Murder calendar. And by then, everybody will have a chance to figure out when is the best date to set this for trial in 2024," said Bell.

Both sides will meet in June and another date for trial could be set at that time.