Suspect in 2008 near-death beating in court for motions hearing

ALBUQUERQUE, N.M. (KRQE) – The man accused of beating an Albuquerque teen nearly to death in her west side home was in court Wednesday morning, with a list of requests for the judge.

Justin Hansen is charged in the September 2008 beating of then-Cibola High School student Brittani Marcell. Police arrested Hansen last July after his DNA came up as a match with DNA from blood found at the scene.

Marcell and her family were in court Wednesday morning.

Hansen’s attorney is wanting key evidence excluded from the trial, including the knife Hansen allegedly used to threaten Marcell’s mom when she walked in on the attack, as well as the shovel police say Hansen used to beat Marcell with.

The defense argues the knife has since been destroyed and Hansen’s DNA was not found on the shovel, so using those items as evidence would be unfair. However, that evidence was not brought up in court Wednesday.

Hansen’s defense did ask the state to drop several charges against him, including burglary, battery and assault arguing that the statute of limitations has run out.

The charges were originally filed under John Doe.

Hansen’s attorney also asked the judge for the second time for his conditions of release to be changed, saying the fact that a family member must supervise him at all times is inconvenient for his family.

Marcell addressed the court pleading with the judge not to change a thing.

Judge Cindy Leos ultimately decided to keep Hansen’s conditions the same and will not drop the charges.

Another motion by the defense was an extension for witness interviews. They want to bring in an expert on memory loss to testify.

Judge Leos did grant that motion and gave them 30 days.

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