– ’s attorney tried to prove to the court that important medical records were not given to the defense before her trial.Casarez, along with the boy’s father, Brandon Cervera, were charged with injury to a child in this case.Casarez’s attorney said records from an emergency room and an ENT doctor were not given to him and were from visits a week before Benjamin’s death.
“It was harmful to my client and to her case in chief in that her experts were not able to review them,” defense attorney Anthony Cantrell said. “Importantly, the jury didn’t get to review those records.” The state argued that the defense had those records as they were admitted in trial, and they didn’t do their jobs in obtaining them.
After hearing both sides, 186th District Court Judge Kristina Escalona denied the request for a retrial, stating the defense didn’t prove what they needed in the hearing to grant it.Brandon Cervera’s trial date has not been set, but he is scheduled to appear in court in a week.Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas.
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