AUSTIN, Texas - Magen Fieramusca, Heidi Broussard's so called "friend" accused of kidnapping her and baby Margo Carey and then killing Broussard, was missing from court Monday. Her defense stood in her place requesting a discovery and an inspection of evidence presented in grand jury.
Fiersmusca was indicted on Capital Murder and kidnapping charges on January 28th. Her attorney's Jackie Wood and Brian Erskine stated in the formal request, they have not received a single piece of evidence in the case.
Missing Heidi Broussard and Margot Carey of Austin, Texas. (Austin Police Department)
"We are now at the point where our client has been indicted and we still don't have discovery there are still missing pieces specifically the information we currently have,” Erskine said. “We don't believe actually supports an indictment for any of the offenses."
The formal request was made two days after the indictment, then came a motion to enforce under sanctions. The Travis County District Attorney's Office issued a response shortly before the hearing saying they've provided over 50 individual items of discovery to the defense counsel.
During the hearing they told 460-th Criminal District Court Judge Geoffrey Puryear the motion for sanctions is without merit. The state did not want to release pre-indictment discovery to preserve the integrity of the investigation.
After hearing both sides, Judge Puryear denied to sanction saying he expects to see the state hand over discovery at a practical time. In the meantime, the state needs to acquire evidence from at least four state and local law enforcement agencies and at least one federal agency. Fighting to give Fieramusca a fair shake, Erskine said they'll will wait on the totality of the discovery.
"When you charge someone with something like Capital Murder that's a big deal you are essentially defaming them in the public eye, obviously this case has a lot of eyes and a lot of attention and our client deserves her day in court,” Erskine said. “Unless the state proves each and every element of the offense charge she's innocent."
There will be a process of pre-trial settings, the next setting is scheduled for March 11th.