Attorneys: Trial still waiting on evidence

The trial for a Portales man is still waiting on evidence, according to attorneys.

Marco Nunez, 38, was arrested in April 2015, then again in June, for charges of criminal sexual contact and penetration of a minor under 13 years old as well as unlawful exhibition of motion pictures to minors.

At a brief hearing Monday morning, Assistant District Attorney Jake Boazman told Judge Donna Mowrer that the state is still waiting on evidence recovered from a computer, which is currently at the forensics lab and should be complete this week.

Mowrer told Boazman and Defense Attorney Jennifer Burrill that she would issue an order to the Roosevelt County Sheriff’s Office to make all evidence items available to the state on Wednesday.

She said after both attorneys review evidence on Wednesday, the court can schedule another hearing from there.

Following the hearing, Boazman said Nunez is being charged under two separate cases for two sets of victims from two different families. He said the two cases may be joined into one in the near future.

Between the two cases, Nunez has 12 charges:

• Four counts of false imprisonment

• Five counts of criminal sexual contact with a minor

• Two counts of criminal sexual penetration of a minor

• One count of unlawful exhibition of motion pictures to minors

According to an arrest affidavit, Nunez allegedly inappropriately touched and penetrated three children on multiple occasions in his home with multiple incidents of the children seeing “nasty stuff” on his computer.