Update: Delgado murder trial reset for February

Becky Campbell • Sep 10, 2012 at 11:19 PM

The murder trial scheduled to begin Monday in a six-year-old case was rescheduled late Friday in a last-minute oral motion by the prosecutor.

Assistant District Attorney Dennis Brooks made the motion to continue the trial because he can’t find two of his witnesses, Anna Rea and Linda Morgan.

They are witnesses in the first-degree murder case against Poncho Delgado.

Delgado, 43, is charged in the May 25, 2006, stabbing death of Robert Curtis, who was 41 years old when he died. He is also charged with arson because police investigators said he set Curtis’ house on fire after killing the man.

Delgado’s first trial only lasted one day because Criminal Court Judge Robert Cupp fell ill that night and ended up in the hospital for several days.

After weeks of confusion and discussion about what to do, Cupp eventually declared a mistrial, denying defense attorney Jim Bowman’s argument his client would be subjected to double jeopardy if the state retried him.

Bowman appealed Cupp’s mistrial ruling, but the Court of Criminal Appeals rejected his argument and said the case could be retried.

That decision came in 2010, but Delgado’s health issues has prevented the case from moving forward until now.

Cupp reset the trial for Feb. 25.

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