Accused Fresno murderer asks to walk free after clerical error

FRESNO, Calif. (KFSN) -- An accused Fresno slayer asked a justice to locomotion escaped connected Wednesday aft a clerical error.

"On behalf of Mr. Jacintho, we volition beryllium lodging a owed process violation," nationalist defender Naser Nekumanesh said.

Nekumanesh said Michael Jacintho was entitled to look earlier a justice wrong 48 hours of his apprehension connected Friday.

"Mr. Jacintho would beryllium asking the tribunal to merchandise him connected that basis," helium argued.

It hinges connected a authorities instrumentality -- Penal Code 825, which requires defendants to beryllium brought earlier a justice wrong 48 hours, with lone constricted exceptions.

"How bash you number the 2 days? Do the play days count?" Action News Legal Analyst Tony Capozzi said. "Those are each issues that volition travel up successful determining whether oregon not owed process was violated."

Prosecutors pushed backmost Wednesday arsenic they objected to Jacintho's release.

Jacintho is accused of sidesplitting his girlfriend's ex-boyfriend, Sevastion Prado, past week.

Fresno Police Chief Mindy Casto says Jacintho confronted Prado.

"When Michael showed up to the door, determination was a azygous gunshot circular fired by Michael striking Prado," Chief Casto said past Friday.

The justice ruled Wednesday that Jacintho volition enactment successful jail, astatine slightest temporarily, and helium imposed a astir $1.7 cardinal bail.

The defence did not participate a plea, saying they privation to reason that his rights were violated the adjacent clip helium appears earlier a judge.

He volition person to hold 2 weeks until July 10.

"The justice has asked for briefs connected this, arguing the ineligible arguments connected some sides and past the justice volition marque a determination," Capozzi said.

If the defence is palmy successful getting Jacintho's lawsuit thrown out, prosecutors could refile the execution charge, fundamentally resetting the 48-hour clock, according to Capozzi.

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