Hoerig missteps in federal filing
Forgot to send a civil cover sheet as she tries to have murder case dismissed
WARREN — In her plea to federal court for help getting the murder case against her in Trumbull County Common Pleas Court dismissed, Claudia Hoerig forgot to file a simple, three-page document that explains the nature of her request.
Not filing a civil cover sheet doesn’t really slow the proceedings, initiated by Hoerig on Friday from inside the Trumbull County Jail, except for the time needed for the clerk’s office to mail Hoerig a blank cover sheet for her to complete and return.
A copy of the petition for writ of habeas corpus, which, in common parlance means Hoerig is asking for the federal court to determine if she is being lawfully detained, also was returned to her.
Online federal court records do not show she refiled the paperwork.
Records do show she filed paperwork that she is unable to pay for the proceedings and lists zero monthly income.
Hoerig — accused of killing her husband in March 2007 inside their home in Newton Falls and then fleeing to her native Brazil — claims in the filing that contains her handwritten notes her due process and speedy trial rights were violated. She claims her April 20, 2016, arrest was the result on “an unlawful affidavit” that was “fabricated” by Ohio authorities outside compliance with the U.S. Constitution.
The filing also states the treaty between the U.S. and Brazil that allowed for her extradition was violated because of the “unlawful affidavit fabricated in Ohio.”
Hoerig, 54, faces a charge of aggravated murder in connection to the shooting death of Karl Hoerig, 43, a major in the U.S. Air Force. She was in Brazil for about 11 years, but was returned to the U.S. after her appeals were exhausted.
Her trial is scheduled for Jan. 19 before Common Pleas Court Judge Andrew Logan. She turned down a plea deal in the case on Sept. 6; however, details of the proposal were not disclosed due to a gag order in the case that bars anyone involved from discussing the case with media.