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Judge denies motion to remove GPS monitoring; DNA testing and discovery deadlines set
Summary
A defense motion to remove GPS monitoring for Nicholas Vakera was denied. The court set a 30-day discovery reset to await DNA buccal-swab testing results and scheduled a further hearing for Dec. 1; defense counsel may refile if testing remains incomplete.
The 187th District Court on Oct. 24 denied a defense motion to remove GPS monitoring for defendant Nicholas Vakera and set deadlines tied to outstanding DNA testing.
Defense counsel asked the court to remove GPS or convert it to tracking-only, saying Vakera had complied for more than a year and relied on GPS conditions to work multiple jobs. The prosecutor objected, citing the nature of the charge and a history of related conduct in the file. The prosecutor noted prior allegations from 2016 and subsequent matters that influenced the state's opposition.
Judge Stephanie Boyd denied the motion and ordered a 30-day reset for discovery so the state could obtain results of a buccal-swab DNA test that the state’s detective had sent to the lab on Sept. 30. The judge set a further hearing for Dec. 1 and instructed the state to be prepared to tender an offer at that time. Defense counsel retained the right to refile a motion if laboratory testing was not complete by the reset date.
The court emphasized that Vakera had not violated GPS conditions while on the device but concluded the alleged conduct and portions of the defendant’s history justified continued monitoring at present.
Provenance: the motion to remove GPS was argued during the docket; court denied the motion and set discovery and plea/offers deadlines.
