SAN ANTONIO – Two days after granting a mistrial, a Bexar County district judge removed the attorney appointed to defend a woman accused of starving her child, who weighed 19 pounds when she was 6 years old.
Jennifer Marie Delgado, 36, was arrested in 2018 after San Antonio police said the girl, who was diagnosed with cerebral palsy, was severely malnourished and neglected. Delgado was charged with injury to a child causing serious bodily injury with intent.
A doctor who treated the girl described her injuries during the first of trial on Monday.
Defense attorney Paul Smith claimed he had not seen the victim’s medical records before trial, accusing the state of not giving him copies.
227th District Court Judge Christine Del Prado declared a mistrial on Tuesday.
But during Thursday’s hearing, Del Prado revealed she learned that prosecutors gave Smith the documents over a year ago.
“You also, six months ago, were given funds for your support to hire experts to help you to review any medical records you might need to review,” Del Prado said. “In spite of the court giving you those funds, you failed to hire any experts to help your client, Miss Delgado.”
Del Prado said Smith took responsibility for the failure.
“You did tell this court -- I wrote it down -- you’d rather fall on your sword than have an innocent person go to jail,” she read.
Del Prado said she was concerned about Delgado’s due process rights.
“This Court has lost its confidence that Mr. Smith can take this case any further,” Del Prado said.
KSAT 12 News asked Smith for his response as he left the courtroom.
“We are talking in court the other day and I suggest you read the record,” Smith said.
Del Prado appointed Monica Guerrero to serve as Delgado’s new attorney for the retrial, which is slated for early 2024.
If convicted, Delgado faces 5 to 99 years or life in prison.
