Trial delayed for man accused of killing 2 babies in Fresno house fire

The trial of Filimon Hurtado hit a snag in court on Monday as the judge conducted a closed-door hearing related to the jury.

Hurtado is accused of starting a west central Fresno house fire that killed two babies in 2022.

The judge ordered the media to leave the courtroom as he and the attorneys dealt with the matter behind closed doors.

"Not only will the court ask questions of each of the jurors, but the court would allow the attorneys to also question the jurors to determine whether or not they've been affected in any way and whether or not they can remain fair and impartial in this case," explained Action News Legal Analyst Tony Capozzi.

The closed-door hearing was expected to last just 25 minutes.

Instead, it went on for several hours.

Capozzi says there could be a host of issues.

"The anticipation in the morning was that this would take just a short period of time. But then, after the first juror was questioned, obviously other issues came up," said Capozzi.

The issue ultimately delayed the evidence defense attorneys planned to present to the jury. They argue Hurtado was insane when prosecutors say he set a west central Fresno home on fire in May 2022.

The flames killed Hurtado's young niece and nephew and seriously injured their mother. The jury has seen graphic photos.

"This seems to be a very egregious type of case where bodies are burned to where they're not identified," said Capozzi.

Hurtado has pleaded not guilty by reason of insanity to two counts of murder, and one count of attempted murder and arson.

His trial has been slow from the start. Court documents reveal it was first assigned a trial courtroom on July 1.

At the time, attorneys estimated it would last four to six weeks.

But in August, on what would've been just the third day of evidence, a juror tested positive for COVID.

Within days, several other jurors tested positive, too, delaying the trial for two weeks.

"So many things could happen at a trial that would lengthen the trial for a day, two days, sometimes weeks, or two weeks," said Capozzi.

Defense attorneys still have to finish presenting their evidence before prosecutors can offer a rebuttal and both sides can present their closing arguments to the jury that will soon decide Hurtado's fate.

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