Defense in Capital Murder Trial Asks for Extension of Six to Nine Months

SAN ANGELO, TX - Isidro Delacruz was back in Judge Ben Woodward's courtroom today following a motion for continuance by his defense attorneys. The purpose of the continuance is to request additional time for the Defense's "mitigation strategy" to the capital murder trial on January 4, 2017. 

Delacruz is accused of killing 5-year-old Naiya Villegas some time shortly around 2:30 a.m. on Sept. 2, 2014. His trial date, originally scheduled to happen in 2016, has been pushed back time and time again, against the protests from 51st DA Allison Palmer.

The Defense told Judge Woodward that 600 witnesses needed to be interviewed to find out what connection they had to Delacruz. These names came from the CPS records given to the Defense back in October. The Defense explained not all 600 individuals would be used in the case; however, the attorneys felt 400 of those interviewed would have relevant information going ahead with the mitigation.

Judge Woodward asked the Defense how much time would be needed to get the interviews finished and be prepared for the trial. The Defense requested six to nine months to finalize this information.

District Attorney Alison Palmer disapproved of this motion because, by the time the capital murder trial begins, the case will be in its second year. 

“I’m opposed to this motion,” Palmer said.

She also explained that, by reviewing the files, the State could not find anything close to 600 names.

Palmer continued by addressing the “stretching” of reasoning behind delaying the trial and said she feels this would only give way for more claims to delay in the future.

Judge Woodward agreed with the State's argument and felt extending the trial based on the chance of there being 400 witnesses wouldn’t be enough for the motion to happen.

The Defense said it would provide the court and State with the compiled list of witnesses.

“I do need specifics of who these people are, and how they will affect the case,” Judge Woodward said.

With this in mind, he ruled the motion with deferring judgment going into the Dec. 20 pre-trial. Judge Woodward said if the Defense could provide a reduced list of names then the motion would hold more validity.

“I’m sticking to the schedule for now,” Judge Woodward said.

For more on the Isidro Delacruz case, click here.

Additional motions during today’s trial:

The State also motioned for an amendment to remove “Jr.” from the original indictment, for it was found that isn’t Delacruz's legal name. The Defense had no grounds for amending the proposed change to the paper work.

Judge Woodward acknowledged the amendment and said the court will print the refilled indictment with the correction and today’s date applied.

In addition, the State also asked for clarification on why the court approved the Defense to have access to records the State didn’t have approval for.

“If the Defense is seeing something, we want to see it as well,” Palmer said.

Judge Woodward said the Defense was asked to look through the records and communicate to the court if any of the information was relevant in the case. At that point, the State would have been given access to those sections deemed relevant.

It was decided that the State will be given access to the discussed records as the trial proceeds. The next pre-trial for Delacruz is scheduled for Dec. 20. This meeting will address any last minute concerns before the trial begins.  

Delacruz, 25, is facing the death penalty for the murder of 5-year-old Niaya Villegas.