In a notable shift in legal representation, Bexar County District Judge Christine Del Prado has appointed a new attorney for Jennifer Marie Delgado, the woman accused of grievously neglecting her 6-year-old daughter with cerebral palsy. This decision came swiftly after a mistrial was declared just two days prior, when it surfaced that Delgado's previous attorney had not adequately prepared for her defense.
According to KSAT 12 News, Judge Del Prado felt compelled to quickly act in order to safeguard Delgado's due process rights. The defense attorney, Paul Smith, claimed to have never fully reviewed the victim's medical records before the trial—a critical oversight that could unfairly influence or upset the trial's outcome. Del Prado, during the post-mistrial hearing, exposed the fact that Smith had indeed received these documents well over a year ago.
Furthermore, the court had allocated funds to Smith half a year ago to acquire expert advice necessary for assessing the medical records, yet he failed to do so. Judge Del Prado, addressing the courtroom, underscored the weight of this negligence, stating, "In spite of the court giving you those funds, you failed to hire any experts to help your client, Miss Delgado." Smith's admission to the court led to the loss of judicial confidence in his ability to lead the case.
Following this revelation, Judge Del Prado stated, "This Court has lost its confidence that Mr. Smith can take this case any further," clearly indicating a fundamental breach of trust between the courtroom and the defendant's representation. Faced with Smith's lackluster defense, the judge appointed Monica Guerrero to replace him as Delgado's new attorney for the forthcoming retrial, slated to begin early in 2024. If convicted, Delgado faces a sentence of 5 to 99 years, or life in prison.
When approached for comment, the former defense attorney Smith provided a terse response to KSAT 12 News, remarking, "We are talking in court the other day and I suggest you read the record." His comment sidestepped the impetus for the judge's decision, highlighting the controversy surrounding the defense's handling of the case.
