Aaron Laconsello, who murdered Dakota Lane, 4, on Nov. 9, 2010, will have a hearing at 10 a.m. today on his motion for post-conviction relief based on the McGirt case, according to court documents.
Laconsello murdered Lane with a pair of scissors after breaking into the boy’s home and assaulted Lane’s mother with the weapon, too.
He was convicted on May 31, 2011 and has been in prison since on two life sentences.
On March 5 of this year, he appealed for post-conviction relief based on the McGirt decision, contending that the state of Oklahoma did not have jurisdiction to convict him of murder, since he claims to be a member of the Cherokee Nation, and the murder was committed in the Creek reservation.
His case will receive a hearing in front of Judge Robin Adair today at 10 a.m.
If his case is dismissed, it will fall under federal jurisdiction. Assistant US Attorney Doug Horn has not yet returned calls for comment on whether his office would pursue Laconsello’s case if it is dismissed.
UPDATE 10:30 a.m.: District Attorney Orvil Loge had the following statement:
“Aaron Laconsello will not be released from prison,” he said. “The case has been passed to May 11.” Loge said he is expecting “the US attorney to indict him and return him for trial.”
Horn said he could not comment on an individual case that has not been filed.
“We are working closely on a daily basis with all of the DAs who are affected by McGirt,” he said. “We’re trying to make sure any defendant impacted by McGirt, where their cases are overturned and federal charges are evident, does not get released, on a case-by-case basis.”
Because any specific case that hasn’t been filed would still technically be in the investigation stage, he said, he is not allowed to comment. If and when charges are filed, he could comment then.
