Accused murderer's public defenders push back on jailhouse phone call

FRESNO COUNTY, Calif. (KFSN) -- Defense attorneys presented new evidence in court Wednesday as they argued Filimon Hurtado was insane and off his medication in May 2022.

Hurtado is accused of killing his young niece and nephew when he allegedly set this home on fire in west central Fresno.

He has pleaded not guilty to two counts of murder, one count of attempted murder and arson by reason of insanity.

"And what did he say in regards to hallucinations or delusions?" public defender Roy Park asked the nurse who evaluated Hurtado at the Fresno County Jail.

"I believe things that other people don't or can't as reality,'" the nurse testified that Hurtado said.

Hurtado's public defenders say he was suffering from severe mental health issues when he allegedly set the fire.

"He said Bipolar 1 and possibly schizoaffective," the nurse testified about Hurtado.

She evaluated Hurtado less than two months after the deadly fire on the medical floor of the Fresno County Jail.

It is where Hurtado called his father on a recorded line. Prosecutors played the call last week, and jurors heard from Hurtado himself.

"I made a mistake," he said. "I did something stupid."

But on Wednesday, the nurse testified that Hurtado was largely in compliance with his medications at the jail.

The public defenders say Hurtado's mindset in May of 2022 is what matters, not his mindset at the jailhouse when he made the call and was on his medication.

"With regards to Hurtado's medication compliance in the month of June 2022, with regards to Zyprexa, what was his compliance," Park asked.

"It was 100 percent," the nurse said.

Prosecutors have already presented their evidence to the jury, but they will have the opportunity to offer a final rebuttal argument after the defense finishes with its evidence.

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