SAN ANTONIO – A woman convicted of the starvation death of her stepson was back in court on Tuesday to ask for a retrial.
During the hearing, Miranda Casarez’s attorney tried to prove to the court that important medical records were not given to the defense before her trial.
In 2021, 4-year-old Benjamin Cervera died from what was ruled starvation by the medical examiner.
Casarez, along with the boy’s father, Brandon Cervera, were charged with injury to a child in this case.
In April, a jury found her guilty and sentenced her to 25 years in prison.
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.
Casarez still has an appeal pending with the Fourth Court of Appeals.
Brandon Cervera’s trial date has not been set, but he is scheduled to appear in court in a week.