Judge denies request for mistrial in Delacruz capital murder case; sentencing continues
By Ngan Ho
The San Angelo Standard-Times
Sentencing in the case of Isidro Delacruz picked back up Monday, with the judge dismissing requests by the defense to declare a mistrial or grant a continuance because of new evidence.
Delacruz, 27, was convicted of capital murder last month in the slaying of 5-year-old Naiya Villegas, the daughter of his ex-girlfriend. The child died after her throat was slit at her mother's home in the 2700 block of Houston Street on Sept. 2, 2014.
119th District Judge Ben Woodward had halted trial last Wednesday after an administrator with the San Angelo Independent School District — who was supposed to testify last Tuesday about Delacruz's academic performance — presented prosecutors with 30 new pages of school records when he arrived at the courthouse.
Prosecutors had requested and received 205 pages of school files relating to Delacruz from SAISD in September 2014. The files included Delacruz's class schedules, state assessment tests, grade reports, and attendance, disciplinary and health records.
Asked to find any other SAISD records regarding Delacruz, the administrator gave prosecutors 527 total pages Tuesday evening.
Prosecutors said some of the originally received files and the 30 additional pages were contained in the 527 pages.
Court-appointed attorneys Robert R. Cowie and William P.H. Boyles, of the Regional Public Defender, filed motions the next day for a mistrial and a sixth continuance based on the receipt of the additional school files.
They argued the untimely production of the records violated Delacruz's rights and hindered their ability to provide effective counsel to their client.
51st District Attorney Allison Palmer argued a mistrial would be an extreme remedy and wasn't appropriate. She argued there were no trial errors and granting a mistrial would be a great injustice.
Palmer also argued against the sixth continuance request, saying the defense had more than enough time to review and prepare for trial, considering the number of trial delays in Delacruz's case.
"Granting a delay of several days' time for the defense to employ the records in whatever way they see fit is a less drastic alternative that cures any issue," Palmer said.
Law enforcement personnel testified Monday about Delacruz's criminal record and behavior problems at the Tom Green County Jail.
An officer with the San Angelo Police Department told jurors Delacruz has numerous arrests on drug charges as well as criminal mischief and evading arrest.
An official with the county's probation office said Delacruz had at least five probation officers in charge of him. She said he broke probation rules numerous times by drinking alcohol and failing to pay $3,000 in fees and restitution, for example.
Deputies with the Tom Green County Jail then told jurors Delacruz has had behavior problems since his arrest on day of Naiya's death.
Deputies found a razor blade, which was taken from a shaving blade, in Delacruz's cell, for instance. Delacruz also made numerous calls to his ex-girlfriend shortly after he was arrested. Jail officers blocked her number after she reported it to a staff member.
Jailhouse phone calls between Delacruz and an acquaintance showed he had driven drunk on one occasion as well.
Sentencing proceedings continue Tuesday. Delacruz faces the death penalty or life in prison.
https://www.gosanangelo.com/story/ne...ase/500821002/
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