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Daniel Callihan trial delayed; legal expert weighs in
By Ashley Hamilton,
10 days ago
NEW ORLEANS ( WGNO ) — Daniel Callihan remains in custody as his case moves through the legal system. Federally, he is charged with kidnapping and transporting a minor for the purpose of criminal sexual activity involving Callie Brunett’s children, Erin and Jalie. WGNO legal analyst Cliff Cardone says Callihan’s attorney, Kerry Cuccia, likely already has a plan.
“Mr. Cuccia’s tactic might be ‘can I avoid the death penalty,'” said Cardone.
Callihan was set to appear for a preliminary hearing but it’s been delayed by both parties. Cardone says that, with a case like this, it’s not unusual.
“Preparation would be the main reason. The preliminary hearing is a full-blown hearing. The defense gets the opportunity to cross-examine witnesses to determine whether or not there is probable cause to hold the defendant over for a trial,” said Cardone.
The federal criminal complaint goes into detail about Callihan’s alleged crimes. It says he admitted to stabbing Callie repeatedly at her home and that he had wanted to murder her for some time.
The complaint also says Callihan told investigators he transported the children to Mississippi, killing 4-year-old Erin Brunett and planning to keep her older sister as a “sex slave.”
Cardone says Callihan is unable to go back on his confession, but as a defense attorney, you always look for loopholes.
“What he is going to do is try to get information to determine whether or not it followed the law and if it didn’t follow the law, then he might be able to suppress the confession itself,” said Cardone.
Not ruling out the defense possibly pleading insanity, Cardone commented further.
“A psychiatrist gets some insight into the individual. Does he have the mindset and the ability to assist the council, or is he deranged to the point he would be no assistance to the council?”
The preliminary hearing has been rescheduled to August 12.
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