LEXINGTON COUNTY, S.C. — 38 years after the disappearance of 4-year-old Jessica Gutierrez, we are finally starting to get more information about what happened.
Thomas McDowell is accused of the kidnapping and killing of Gutierrez in 1986.
Prosecutors say McDowell had lived in the Lexington County area and dated the victim’s mother, Debbie Gutierrez.
Judge Debra McCaslin is presiding in the case, with defense attorneys David and Sarah Mauldin, and Attorney General's Office prosecutors Kinli Abee and Heather Weiss.
Monday morning, a jury selection was completed, and motions hearings started just after 2 p.m..
Family and friends of the victim and the defendant gathered in the courtroom -- including Jessica Gutierrez’s mother Debbie, her sister Rebecca, and two men who say they are friends of McDowell.
The defense first proposed a motion to identify another man as a possible suspect, someone defense attorneys said was connected to the victim’s mother.
The prosecution said this should not be allowed because they explain there is no evidence that the other man committed these crimes.
The judge said she’ll rule on that motion Tuesday morning.
Then the judge agreed to a motion from the State to exclude questioning about whether or not the victim Jessica is in fact dead, since her body was never found.
One of the motions that took a majority of the afternoon’s time was by the defense to exclude evidence found in McDowell’s mother’s car.
The judge ruled that the evidence in the car was allowed because McDowell wasn’t driving this car at the time, he gave his mom the keys back to the car and left the state of South Carolina, so his right to privacy is no longer reasonable.
The defense then pushed to dismiss the case altogether because they said it went years without being prosecuted until now.
However, the State said it took time to gather evidence, a process they explained shouldn’t be rushed.
The judge said the case will continue.
The defense asked Judge McCaslin to sequester the jury and that the victim’s sister, Rebecca, be excluded from the full duration of the trial. Rebecca witnessed her sister’s kidnapping from the family home all those years ago.
The judge ruled that Rebecca is allowed to stay the whole time since she is a witness and the custodian of evidence can stay as well, but no other witnesses are allowed in the courtroom for the full trial.
Court will resume again Tuesday, Feb. 6, at 9 a.m. at the Lexington County Courthouse at 205 E. Main St. #146, Lexington, SC 29072 on the fourth floor.