San Antonio man accused of giving toddlers gonorrhea to be retried
A San Antonio man is being retried, accused of assaulting two toddlers who ended up with a sexually transmitted disease in 2015.
Testimony is expected to begin this morning in the trial of Adrian Vigil, who was 23 when he was arrested and charged with super aggravated sexual assault. The charges stemmed from medical examinations that determined two girls, ages 1 and 3, tested positive for gonorrhea. The children were believed to have been assaulted sometime in October 2015.
Vigil’s trial opened April 10 in the 187th state District Court, presided by Judge Joey Contreras, and the state was presenting evidence when a witness testified that one of the girls said Vigil, now 26, had done “something” to her sister.
The information had been conveyed to a Bexar County prosecutor no longer on the case, and was never shared with the defense, which is standard law practice.
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The testimony prompted defense attorney David Woodard to immediately ask for a mistrial, citing an “unfair surprise” and a discovery violation because he was not made aware of the information. He told the judge he would have planned his defense strategy differently had he known the details beforehand.
Outside the presence of the jury, prosecutors Steve Speir and Trey Mims, asked Contreras to issue a stern warning for the panel to ignore the statement so they could continue with the proceedings, but Woodard adamantly objected, stating, “We can’t put the toothpaste back in the tube,” and ask the jurors to disregard the statement.
Contreras declared a mistrial, stating that the defense had been put “at a severe disadvantage.”
The case is being heard in Felony Impact Court, with Visiting Judge Philip A. Kazen presiding. Super aggravated sexual assault of a child is a first-degree felony punishable by a maximum sentence of life in prison.
Elizabeth Zavala is a courts and crime reporter in the San Antonio and Bexar County area. Read her on our free site, mySA.com, and on our subscriber site, ExpressNews.com. | firstname.lastname@example.org | Twitter: @elizabeth2863