Convicted murderer's sentencing delayed for 12th time, motion to remove defense attorney

Justice was delayed in court on Thursday for at least the twelfth time.

Convicted murderer Daniel Cervantes has been in county jail for 11 years, with the last two spent awaiting sentencing for killing his girlfriend.

Again and again, his defense team has succeeded in delaying the case.

His attorney is working through a motion for a new trial. And in the latest twist, she has subpoenaed the Fresno County Department of Behavioral Health.

County attorneys are now fighting the request for what they say are confidential records.

"As you see, this case has kind of developed a life of its own," Fresno County Superior Court Judge Arlan Harrell said.

The case began in April of 2013, days after prosecutors say Cervantes shot his Miriam Corona in the back of her head while she was sleeping on the couch of her Central Fresno home.

Jurors eventually found him guilty of murder in 2022. But in April of this year, defense attorney Erin Ormonde said new expert testimony would have changed that verdict.

Ormonde asked for a one-month delay to secure the experts.

The case has since been continued three more times, including on Thursday.

"It's being set over because your attorney, Ms. Ormonde, is not available today," the judge told Cervantes.

Court records show Ormonde has been absent from the court case since May.

Other attorneys have been filling in for her.

Now, there is a motion for Ormonde to withdraw from the case altogether.

"The court's going to need to inquire as to whether or not the defense attorney is going to be able to represent this defendant," Action News Legal Analyst Tony Capozzi said.

He called the repeated delays unusual and said the victim and defendant have a right to speedy justice.

"Justice delayed like that is really justice denied," he said. "There's got to be a way to get this case resolved, and get it resolved quickly. But, with the assurance that the defendant's rights are protected."

The case has gone on for so long that Cervantes is now the county's longest-serving inmate in the county jail.

Cervantes will be back in court on August 15 for a status update and again in September.

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