Defense Attorneys Work on Accused Child Murderer's Public Appearance

The public appearance of accused child murderer Isidro Delacruz was discussed in Judge Ben Woodward’s court on Monday, when defense attorney Jack Stoffregen filed several motions including two addressing security and the appearance of guilt for his client.

Delacruz, 24, is facing the possibility of the death penalty for the Sept. 2 murder of 5-year-old Naiya Villegas. He is accused of breaking into his ex-girlfriend’s house and slitting her daughter’s throat.

With his life dependent upon a jury of his peers, Delacruz’s attorneys are now seeking to amend his public appearance by filing a motion requesting the judge to order that he no longer be transported in public spaces wearing shackles.

Noting heavy media coverage of the incident and pretrial hearings to date, including photos publicized that depict the defendant in chains, Delacruz’s counselor spoke of the appearance of guilt evoked when one sees a man in shackles and asked the judge to order alternative security measures.

A shock belt was one substitute mentioned, however Judge Woodward held off on making a ruling on Monday, preferring to first speak about alternatives with the sheriff’s office.

A second motion from the defense was filed against “prejudicial security”, in which defense attorneys asked the judge to limit the number of bailiffs and security officers surrounding their client in the courtroom.

The reasoning, one attorney explained, was the same as with the shackles: so as to not provide an impression of guilt by means of security.

Prosecuting District Attorney Allison Palmer said the court will have to weigh out security versus public appearance in making the ruling, and noted the number of officers surrounding Daniel Uvalle at a capital murder trial held two weeks ago.

“Our only dog in this particular fight is one of security….” Palmer said.

After some consideration, Woodward ruled in favor of the motion, but asked that the defense notify the court should the security reach the tipping point.

Other items discussed on Monday included a six-page inventory of evidentiary items that need to be tested for biological material at the DPS Crime Lab in Lubbock.

Attorneys for the state and defense had previously discussed establishing a deadline to submit the materials for testing in December so as to not slow progress toward a trial date, and on Monday both declared themselves in agreement that the list had been compiled.

In total, the defense filed 54 motions on Monday, the vast majority of which centered on setting a discovery deadline for the state, or a date by which the state’s evidence, witness lists, extraneous offenses, criminal history and other such materials must be collected and made available to defense counsel.

Among the items the defense is seeking access to are any and all statements made by Delacruz, witnesses or others indicating there was a conspiracy at play in the incident; handwritten or typed notes made by officers investigating or assisting at the scene; photos, drawings and diagrams of the scene and autopsy made by law enforcement; and psychological reports on law enforcement officers.

The defense sought an advance of 60 days before the start of the trial to receive the items, a deadline that was modified to Nov. 3, at 9 a.m. with the permission to supplement until 10 days before trial begin.

Delacruz’s trial is scheduled for Jan. 25, 2016 and is anticipated to last six to eight weeks.