A mistrial was granted Tuesday for a woman accused of starving her child, causing her to weigh just 19 pounds at 6 years old.
Judge Del Prado declared a mistrial for Jennifer Marie Delgado, 36, after defense attorney Paul Smith informed the court that he had not reviewed the victim’s medical records before the trial, a court official told KSAT. The trial started Monday.
The case is expected to be retried in February 2024.
Delgado was arrested in late 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.
An arrest warrant affidavit states Delgado took the then-6-year-old girl to CHRISTUS Children’s on Dec. 3, 2018, because the girl was “blue.”
Delgado told police the girl, who had a gastronomy tube placement, had been sick and had been given Pediasure.
The affidavit states the girl smelled like urine and feces, was wearing dirty clothes, and had severe tooth decay, numerous bed sores and severe hair loss.
She had been diagnosed with sleep apnea but hadn’t using a bilevel positive airway pressure (BiPAP) machine for a month due to “Medicaid issues,” the affidavit states.
“The victim was admitted to the hospital and the chart notes that the victim had an overwhelming look of a cachectic malnourished bony child with little subcutaneous tissue or fatty tissue,” the affidavit states.
Police said Delgado had not taken the girl to a clinic since April 2017. She appeared to have been neglected for several months, police said.