FAIRFIELD — The 16-year-old Vacaville boy who raped, sodomized and repeatedly stabbed a 13-year-old girl and then repeatedly stabbed her baby brother is scheduled to be in court Thursday with his defense attorneys, who want a court order for their client to undergo two medical brain scans.
Alexander Cervantes was only 14 when he drunkenly broke into the girl’s Vacaville home in the middle of a December night in 2010 and savagely attacked her – stabbing her 42 times and stabbing her 1-year-old brother 13 times, then passing out on a bed where police found him after the girl made her way to safety.
He was prosecuted as an adult.
A jury found Cervantes guilty last year of 15 felony charges that included premeditated attempted murder, aggravated mayhem, torture, assault, rape and several sexual assault charges.
On the day Cervantes was scheduled for sentencing, lawyers with a large international law firm announced they were taking over the case from the Solano County Public Defender’s Office.
One of Cervantes’ new attorneys, Peter Obstler from the law firm of Bingham McCutchen LLP, is seeking a court order for authorities to transport Cervantes from the Solano County juvenile hall to a psychiatrist’s office in Brisbane on two different occasions to undergo brain scans that will take approximately three hours each. The scans, single-photon emission computed tomography, are essential because of Cervantes’ history of learning disabilities, substance abuse and possible past brain injury, Obstler said in court documents filed last month.
Solano County Chief Deputy District Attorney Jack Allen has objected to the request for the brain scans, saying the scans have never been accepted as admissible evidence in California’s criminal courts.
Judge Harry S. Kinnicutt is scheduled to consider the transportation request at 9:30 a.m. Cervantes is currently scheduled to be sentenced Feb. 11.
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