SAN ANGELO, TX -- Miguel Angel Davila’s second trial for sexual assault of a child and indecency with a child by sexual contact has been postponed until November after his defense attorney subpoenaed records from the Texas Department of Family Protective Services.
Davila's first trial ended in a mistrial. According to court documents, the jury in that case could not reach a unanimous decision.
The allegations of sexual abuse of a child came after Davila’s wife began a romantic relationship with the girl’s mother. Testimony in court stated that the girl and her mother smoked marijuana together.
According to the motion for continuance from Defense Attorney Stephanie Goodman, the subpoena Duces Tecum, a subpoena for the production of evidence, was served on the Texas Department of Family Protective Services office in San Angelo on September 6 by the Tom Green County Sheriff’s Office.
The subpoena requests all documents TDFPS has on four females involved in the case.
The motion for continuance states, “Defense Counsel received a disc from TDFPS on (Thursday) September 14, 2017 at approximately 4:47 p.m., which contained approximately 3,984 pages, in addition to an audio disc. Defense Counsel and experts for the defense will be unable to adequately review these documents in their entirety in order to be adequately prepared for trial on (Monday) September 18, 2017.”
The motion also states that Davila is not in jail and the State would not be inconvenienced by the continuance.
District Judge Brad Goodwin granted the continuance on Friday. Davila’s jury trial has been rescheduled for November 6.
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