Delafuente defense requests extension for new grand jury hearing
CAMP VERDE -- The defense in Cottonwood Police Detective Cody Delafuente’s case has a requested an extension to file a motion for remand to the grand jury.
The current deadline to file the motion is Jan. 4. Delafuente’s defense requested a 30-day extension.
According to the motion, the discovery received by defense is “… fairly voluminous and defense counsel requires more time to thoroughly review all discovery in this matter …”
According to the Arizona Rules of Criminal Procedure, the defense can file a motion to remand if they believe the evidence presented to a grand jury was unfair or violated due process.
Delafuente was arrested Oct. 24 following an investigation of a domestic disturbance in Clarkdale, according to Clarkdale Police Sgt. Nicole Florisi. The alleged incident occurred at the Mountain Gate subdivision, Florisi said.
Delafuente was indicted on two counts of aggravated assault, one count of assault, one count of kidnapping and one count of preventing use of a telephone during an emergency, court records show.
He entered a not-guilty plea on Nov. 6.
Delafuente was placed on paid administrative leave in October, said Cottonwood Police Commander Gareth Braxton-Johnson. He is currently out of custody on $2,500 bond.
The case is being handled by the Coconino County Attorney’s Office after the Yavapai County Attorney’s Office “conflicted out” said Penny Cramer, administrative assistant to Yavapai County Attorney Sheila Polk.
Yavapai County Superior Court Judge Michael Bluff is presiding over the case. Delafuente is being represented by David Michael Cantor of Phoenix.