The court hearing to consider whether a convicted molester should get a new trial has been delayed until mid-December, according to court records.
The sentencing for Jonathan Fidone, 22, already had been pushed back after his conviction for molesting a 19-month-old child – because the defense recently filed a motion pursuing a new trial while arguing juror bias.
A San Benito County jury in July found Fidone guilty of sexual assault on a 19-month-old child after a five-day trial.
Fidone was found guilty on felony counts of sexual penetration by a foreign object, forcible lewd act upon a child and aggravated sexual assault of a child stemming from an incident in July of last year.
He could face 15 years to life in prison for one charge alone – aggravated sexual assault of a child, according to the penal code.
Fidone’s attorney Art Cantu filed a motion for a new trial. A scheduled motion hearing had been continued to Nov. 23 at the San Benito County Courthouse before visiting Judge Alfonso Fernandez, according to court records. Now that hearing has been continued again, to Dec. 16 before the same judge.
Fidone was arrested July 17, 2010, after a witness saw him in a locked bedroom with the 19-month-old child. After breaking down the door, the witness saw Fidone performing lewd acts with the child.
During the trial, the jury heard testimony from four Hollister officers, a nurse and two forensic science technicians from the California Department of Justice. Other testimony included the witness and the child’s mother. Hospital records, pictures and blood evidence also were used.
