NEW ORLEANS — The horrific murder of Linda Frickey, 73, continues to make headlines more than a year after the deadly carjacking in Mid-City New Orleans.
Three teenagers, John Honore, Briniyah Baker and Mar’Qel Curtis were expected to stand trial on Monday for second-degree murder.
A fourth teen, Lenyra Theophile was also booked in the case, but she was left out of the initial trial after being found incompetent.
Wednesday, Orleans Criminal Court Judge Kimya Holmes reset the start of the trial to March 18, 2024.
Frickey’s loved ones called the 11-month postponement, justice delayed.
“It is very disappointing that it’s so far away,” Frickey’s sister Jinny Lynn Griffin said. “But in my opinion, we fight for the criminals in New Orleans. We don’t fight for the victims.”
“It’s another year away,” Frickey’s sister-in-law Kathy Richard said. “We were really hoping to have things moving and done with.”
Frickey died in March 2022 after New Orleans police say she became entangled in a seatbelt as carjackers sped away with her vehicle. Frickey was dragged for a block by her own car before her arm was severed.
Tuesday, the Louisiana Supreme Court ruled the judge abused her discretion when she denied a joint motion for a continuance.
Defense attorneys argued they needed more time to review recently disclosed forensic evidence in the case.
The high court sent the case back to the district court to set a new trial date.
“The judge has set this trial date in a way that really doesn’t seem to accommodate what the parties want but instead is insisting on a date that really appears to be vindictive against the parties for choosing to seek writs on her last order,” Loyola Law Professor Dane Ciolino said.
“It doesn’t take that long to test DNA and although a reasonable continuance was necessary as the Supreme Court held yesterday, it was an abuse of her discretion not to grant, brief doesn’t mean 11 months,” Ciolino added.
Orleans District Attorney Jason Williams plans to appeal the new trial date.
In a statement, he said “Judge Holmes has, once again, failed to follow the law in this matter which states that a criminal case shall be set for trial upon motion of the State…This is unacceptable; the Frickey family has a right to a prompt conclusion of this case and justice for this horrific crime to their loved one.”
Ciolino says prosecutors have a good chance of winning on appeal.
“I would expect that we’ll see yet another order from some higher court reversing this docket order as being yet another abuse of discretion,” Ciolino said.
In the meantime, Frickey’s family is praying the teenagers accused of killing their loved one, will be held accountable, sooner than later.
"They didn’t stop,” Griffin said. “They chose this. They kept dragging her. She was screaming, pleading, begging for her life. Yes, we’re mad. We’re definitely mad. We need this to go to trial. We need this to be put to rest.”
Prosecutors requested an October 2023 trial date.
"It took 11 months for the state to test the DNA. I’m going to give you (the defense) 11 months to test your DNA," the judge told them,
Jason Wiilliams full statement:
"Over our strenuous objection, Judge Kimya Holmes set this case for trial on March 18, 2024; that’s an extra 11 months that the Frickey family has to wait for justice to be secured in their case. With that, we are extremely disappointed with this decision as Judge Holmes has, once again, failed to follow the law in this matter which states that a criminal case shall be set for trial upon motion of the State. On the court record, Judge Holmes indicated a completely full trial calendar through August 2023 as well as a continuing legal education course in September 2023 as her reasons for this prolonged court date. As a result, our prosecutors requested an October 2023 trial date and it was denied by the judge.
This is unacceptable; the Frickey family has a right to a prompt conclusion of this case and justice for this horrific crime to their loved one. We plan to seek appellate review as soon as possible to obtain the trial date we requested.”
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