AUSTIN (KXAN) — Magen Rose Fieramusca, the friend of Austin mother Heidi Broussard who went missing in December and was later found dead in Harris County, has been charged with capital murder, according to the Travis County District Attorney’s Office.

In December, Broussard, 33, was found dead in the trunk of a car in Jersey Village, a Houston suburb. The car parked at the home was registered to Broussard’s “best friend”, Fieramusca.

Heidi Broussard and her baby Margo Carey
Heidi Broussard and her baby Margo Carey

The cause of her death was also determined to be ligature strangulation and asphyxiation with a leash, in addition to other asphyxiation on her hands.

TIMELINE: What we know about the case of Heidi Broussard and her three-week-old Margo

Three-week-old Margo was found safe inside the home and was reunited with her father the day before Christmas Eve.

Fieramusca’s bond for the murder charge was set at $1 million and her bond for the kidnapping/tampering charge was set at $100,000.

Earlier this month, Fieramusca was charged with felony kidnapping and tampering with evidence.

In a statement Tuesday, Fieramusca’s attorney Brian Erskine said:

As stated before, we are anxious to review evidence collected thus far and have many of the same questions you do. Unfortunately, despite our continued and persistent requests, the government has yet to disclose any evidence against our Client. Sadly, we learned of the capital murder indictment from the media today.

The only thing that has been released by the government is our Client’s protected HIPAA information. While we have taken steps to cure this improper disclosure, these actions beg the question whether this case will be tried to the media or to a court of law.

While we all want to believe the government is on the level, justice delayed is still justice denied. Law enforcement ought to seek justice with fair dealing, and an investigation that seeks to indict and convict based on cognitive bias that law enforcement already has the culprit, misses this seeking justice necessity. Exculpatory and mitigating evidence has a shelf-life, and too many individuals in our criminal justice system have been delayed or denied this information. We cannot act to fairly and vigorously represent our Client when we start defending her with our hands tied and eyes blindfolded. Justice ought to be blind, not the defense.

We are exploring all options at our disposal to vigorously represent Ms. Fieramusca. The prosecution’s refusal to provide us with information at this time is contrary even to their own policies, yet this is where we are. Those accused, as well as the public at large, understandably want swift and certain answers from our criminal justice system. We call upon patience and resisting the rush to judgment until all the facts are in. Unless the State has proven these allegations beyond any reasonable doubt, Ms. Fieramusca remains innocent.