Reason Why an Aggravated Sexual Assault Jury Trial Was Delayed

SAN ANGELO, TX -- On Friday morning Oscar Guzman, 50, charged with Aggravated Sexual Assault of a Child and Indecency with a Child Sexual Contact, appeared in court for a motion hearing.

Guzman was indicted by a Tom Green County grand jury for the charges in July of 2015. He was arrested for the two outstanding warrants in December of 2016 with a bond of $100,000.

According to the indictment for the first charge Guzman, on or about Sept. 15, 2004, “did then and there intentionally and knowingly” assaulted a female child younger than 14 years of age through sexual contact. The Aggravated Sexual Assault Child charge is a First Degree Felony.

As for the second charge, on or about Feb. 28, 2004 Guzman engaged in sexual contact with the same victim. The second charge is a Second Degree Felony.

During Guzman's July pre-trial, he was asked to approach Judge Woodward to hear his plea for the charges.

While the State was reading the indictment before the court, Guzman was seen shaking his head in disagreement to both charges. He pled “not guilty” to both counts in the indictment.

Guzman’s attorney Rae Leifeste filed a motion for continuance that same day for the purpose of gathering more pertinent information for the Defense Counsel's strategy. Court documents stated that on July 11 the District Attorney disclosed to Leifeste's office that records had been requested from Rivercrest Hospital.

In Addition, the State received documents from Child Protective Service (CPS) that would need to be reviewed before making any copies to pass along. With these documents in mind, the State would need time before fulfilling the requirement of full "Brady material" disclosure to the Defense Counsel.  

"Brady material" is the obligation for the State to disclose all relevant information in the case that the Defense requests before moving forward with the trial. 

Judge Wetherby approved the motion for continuance on July 21, according to court documents. 

On Friday, Guzman was present in court as his attorney's discussed the motion for discovery for the previously mentioned records. The discovery motion is a request by the Defense for documents to be released by the State.  

District Attorney Allison Palmer filed a motion outlining a deadline for the Defense to receive the CPS records by Guzman's next pre-trial hearing scheduled for Aug. 29. A subpoena was also issued to ensure the Rivercrest records would be available before Guzman's jury trial, which is now delayed until Sept. 18.