Accused Fresno murderer asks to walk free after clerical error

FRESNO, Calif. (KFSN) -- An accused Fresno killer asked a judge to walk free on Wednesday after a clerical error.

"On behalf of Mr. Jacintho, we will be lodging a due process violation," public defender Naser Nekumanesh said.

Nekumanesh said Michael Jacintho was entitled to appear before a judge within 48 hours of his arrest on Friday.

"Mr. Jacintho would be asking the court to release him on that basis," he argued.

It hinges on a state law -- Penal Code 825, which requires defendants to be brought before a judge within 48 hours, with only limited exceptions.

"How do you count the two days? Do the weekend days count?" Action News Legal Analyst Tony Capozzi said. "Those are all issues that will come up in determining whether or not due process was violated."

Prosecutors pushed back Wednesday as they objected to Jacintho's release.

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

Fresno Police Chief Mindy Casto says Jacintho confronted Prado.

"When Michael showed up to the door, there was a single gunshot round fired by Michael striking Prado," Chief Casto said last Friday.

The judge ruled Wednesday that Jacintho will stay in jail, at least temporarily, and he imposed a nearly $1.7 million bail.

The defense did not enter a plea, saying they want to argue that his rights were violated the next time he appears before a judge.

He will have to wait two weeks until July 10.

"The judge has asked for briefs on this, arguing the legal arguments on both sides and then the judge will make a determination," Capozzi said.

If the defense is successful in getting Jacintho's case thrown out, prosecutors could refile the murder charge, essentially resetting the 48-hour clock, according to Capozzi.

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