Child Murderer Case on Schedule for 2016 Trial

There were no candid smiles for the camera this time as accused child killer Isidro Delacruz exited the courthouse through a side door on Monday. Rather, the 5’4” 24-year-old appeared to be looking for someone as he made the brief walk from the courthouse door to a sheriff’s vehicle, one deputy on either side as he walked, hands and feet shackled and chained.

In a nearby car, Delacruz’s mother and a man, both of whom had attended his pre-trial hearing, sat and waited. There wasn’t much to update Judge Ben Woodward on from either the defense or the state, but a handful of affected parties gathered and sat quietly in the courtroom, listening to the lawyers speak.

Delacruz is facing 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.

The first item brought before the court was the request for an addendum to a previously issued order regarding the itemized list of biological evidence submitted to the DPS Crime Lab in Lubbock for testing.

The defense, present with attorneys Robert Cowlie and William Boyles, as well as the state, represented by 51^st District Attorney Allison Palmer, her first assistant John Best and assistant Meagan White, had agreed in the March 2 pre-trial hearing on a six-page list of biological evidence to be submitted to the crime lab for testing.

After a recent teleconference with the lab’s DNA supervisor between both parties, the need for an addendum was discussed, however further details were not mentioned. Additionally, several of the pieces of evidence the defense submitted to the crime lab have not yet been returned.

Following up on another motion brought before the court last hearing, Cowlie asked if the court had explored alternative means by which to secure Delacruz when in the public eye. The concern, as voiced in the March 2 hearing, is that the defendant’s public appearance and media coverage of Delacruz’s transport lend to a presumption of guilt due to the shackles and chains around his wrists, midsection and ankles.

Previously, defense attorneys had requested that the court consider alternatives, such as shock belts, that can be worn under the clothing, but no progress on the motion had been made as of Monday. Judge Woodward promised to look into alternatives.

The final matter centered on clarifying the specific requirements placed on the DA to meet the defense’s motion that criminal backgrounds of all state witnesses be provided during discovery.

Palmer expressed that she was willing to comply with the motion if the judge orders it so, but noted that retrieving the comprehensive criminal records of all witnesses could be daunting and asked for a specific set of criteria. Palmer explained that in order to fulfill the request, she would be able to check names against the NCIC/TCIC (National Crime Information Center and Texas Crime Information Center), however detailed reports would likely have to be acquired from various records departments at police stations.

“I do want to make sure I understand what my responsibilities are,” Palmer told the court.

She further explained that in order to obtain those records on police officers and investigators, she would have to go through internal affairs and personnel departments.

In deciding how to approach the matter, Cowlie and Boyles cited two cases from Michael Munk, in which appellate courts in Eastland and Amarillo made different rulings. Boyles agreed to forward both cases to Woodward for review so that he be able to draft an order.

Woodward is also reviewing a case on a defense motion to video voir dire, or the jury selection process, but stated in court Monday that he is likely to decline that motion.

After less than 30 minutes, the hearing came to a close, with the judge declaring everything on track for a January 2016 trial. The next hearing will take place on Aug. 10 at 2 p.m.