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Rape trial moved for forensic evidence delays

PORTALES —The trial for a Portales man accused of rape has been moved to the next docket due to forensic evidence delays.

During a pre-trial conference for Roy Brown, 29, Thursday afternoon in district court, District Attorney Andrea Reeb requested a continuance of the case due to certain lab results not yet being back from the state lab.

Brown is charged with first-degree criminal sexual penetration for an alleged home invasion and rape of a Roosevelt County woman in June 2016.

“I strongly oppose it,” Brown’s attorney, Craig Acorn, said of the continuance. “We’ve had a date set for several months.”

“Mr. Brown is likely to be exonerated, and there’s a lot of problems with their case,” Acorn said, accusing Reeb of putting off the trial so his client will have to continue sitting in jail.

Reeb told the judge the forensic evidence is important for both sides in the case and is more likely to get Brown convicted and exonerated due to being “off the charts positive results.”

Acorn accused Reeb of lying to the judge by not revealing the full extent of the lab results, which found that much of the DNA evidence found on the victim could not be traced back to Brown.

But other evidence found on the victim could be, countered Reeb.

Judge Donna Mowrer set a hearing date for April 21 to hear motions from both sides with Acorn having already made a motion regarding the state withholding evidence because the state had not given him lab results.

He also accused the state of not revealing they were having a former sexual partner of Brown’s tested, among other things.

He told the judge he would also like to discuss conditions of release for Brown.

In the meantime, said Reeb, she would like the defense to not have contact with the victim without someone from the D.A.’s office present.

Mowrer told both attorneys to file motions for both requests and all motions could be heard at the same time.

Brown’s new trial date is set for Sept. 11-15.

In a murder case, Assistant District Attorney Jake Boazman told Mowrer Thursday that he had extended a verbal agreement to the defense, but it has not been discussed further yet.

Otherwise, both sides told Mowrer they were ready for trial May 22-26.

David Smith, 42, of Portales, is accused of holding William Vaughn, 45, of Portales hostage in his home for 24 hours as he assaulted him in December 2015. Vaughn later died at a Lubbock hospital due to blunt force trauma.

Boazman said he could not reveal the plea agreement until further discussion has taken place and it is formalized.

 
 
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