Isidro Delacruz Murder Pre-Trials Resume

The pre-trials have begun again for Isidro M. Delacruz in the 119^th District Court of Tom Green County. Delacruz is facing the death penalty for the murder of 5-year-old Naiya Villegas on Sept. 2, 2014. The 25-year-old is the ex-boyfriend of Naiya’s mother, Tanya Bermea, and is accused of breaking into her home and slitting her daughter’s throat.

At the first pre-trial of 2016, just over a year later after the incident, the attorneys gathered in the court room with the judge to discuss the trial schedule and jury selections, along with the determination of the status of the DNA testing and the status of the inspection of records from the Department of Family and Protective Services (DFPS).

One of the last pre-trials that took place in Aug. of 2015 included the addressing of an addendum to a previously issued order that provided an itemized list of “biological evidence,” or DNA analysis, that was submitted to the DPS Crime Lab in Lubbock for testing. It also included updated specific requirements placed on the district attorney’s office in order to meet the defense’s motion, which included criminal backgrounds of all state witnesses, as well as civilian witnesses.

Robert Cowlie, one of Delacruz’s defense lawyers, stated during this August pre-trial that he wanted more specific information on what was being tested by the crime lab in Lubbock, and requested access to full disclosure of NCIC/TCIC Reports.

Additionally, he requested access to civilian witness files, police investigations, and other evidence reports generated during the investigation. These files should also contain civilian witness names and files that consist of any questionable testimony provided by witnesses in the Delacruz case. He wanted to ensure that all witnesses who underwent a polygraph test were reviewed as they showed indication of substance abuse. This would also include witness convictions, juvenile arrests and warrants, and any documents or warrants signed by Delacruz during the investigation.

Cowlie also requested, for state witnesses, prior arrest histories, any showing of leniency in criminal actions, monies paid to witnesses, a request for memos or emails that relate to the case, camera inspections of Delacruz, an existence of identification of witnesses who have testified in front of a grand jury with regards to similar offenses, discovery files of lab workers and law enforcement assigned to the case.

As of October 2015, there were no final DNA analysis results and the defense had been asked to prepare a list of some 37-38 previously named individuals for whom they are seeking extensive background records to show their relationship to Delacruz. The defense also sought personnel files on the Tom Green County Sheriff's Office and San Angelo Police Department personnel involved in the response and investigation of the little girl’s murder.

The pre-trial held this week established that the jury panel will report August 29, 2016 and the court will complete a general voir dire (a preliminary examination of a witness or a jury by a judge or counsel), consider excuses, statutory qualifications, and have jurors complete the written questions and return answers before leaving. On Sept. 12, 2016 (just after the two year anniversary of the incident) the individual voir dire will begin. October 31, 2016 is where the testimony of guilty/not guilty will begin and officials expect it to take one week. If necessary, on November 7, 2016, there will be a testimony on punishment.

The State reports that the results of the DNA tests should be back by April 2016. As far as the additional CPS records, the Court has not yet ruled on whether they are discoverable. Further citations and orders are being determined.

The next pre-trial court hearing is scheduled for June 7, 2016 at 2 p.m.

For more on the Isidro Delacruz case and its progression through the courts, click here.