Attorneys spar over discovery in Nicole Nachtman case

Florida State University student accused of killing her mother, step father

Nicole Nachtman, 21. Hillsborough County Jail booking photo
Nicole Nachtman, 21. Hillsborough County Jail booking photo

TAMPA, Fla. (WFLA) – Attorneys are going toe to toe over discovery in the Nicole Nachtman case. Detectives say Nicole Gene Nachtman, 21, shot and killed her mother Myriam Carey Dienes, 56, and her stepfather Robert Dienes, 67, who lived in Carrollwood Village. Their bodies were discovered at 9:26 p.m. on Aug. 20 when deputies responded to a 911 call about multiple shots fired at 14108

The victims’ bodies were discovered at 9:26 p.m. on Aug. 20 when deputies responded to a 911 call about multiple shots fired at 14108 Fennsbury Dr. Deputies found the body of Myriam Dienes in the driveway of that address. They then found the body of Robert Dienes inside a nearby home, located at 14110 Fennsbury Dr.

Nicole Nachtman arrives at the Orient Road Jail in Hillsborough. HCSO photo
Nicole Nachtman arrives at the Orient Road Jail in Hillsborough. HCSO photo

Defense attorneys are fighting to keep some evidence and documents pertaining to the case sealed, although they wouldn’t specify what those discovery items were. Dana Herce-Fulgueira is one of the attorneys representing Nachtman. “Three objections have been filed, documenting with specificity, page numbers just so that your honor can identify within a 10-page span what I am objecting to,” Herce-Fulgueira told Judge Chet Tharpe.

The defense team met with the judge in closed chambers to discuss the specifics. The judge said it wouldn’t have made sense to do so in open court. “If they argued what portions of the discovery that was objectionable, now the cat’s out of the bag,” Tharpe said. “That’s why they asked to discuss this without the benefit of the press.”

But Gregg Thomas, an attorney representing News Channel 8, believes the defense has an obligation to provide at least a generic description of the discovery it wishes to conceal.”

“There has to be a way, generically, to articulate some of their concerns. Then we can say, ‘Oh, we understand completely,'” Thomas told the defense. “You have photographs of dead bodies. We don’t want those, statutorily we’re not entitled to them. We don’t want social security numbers. We’re not entitled to them. But to give us nothing and put the burden on you your honor, I think is both unlawful and unfair.”

The defense agreed to reword the discovery objections and resubmit them to the court. If Thomas deems any of the items are public record, and by law should be released, he will file his own objection. That process could take a couple of weeks.

Nachtman faces two counts of first-degree murder. In December the state announced it is seeking the death penalty in this case.

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