Assault trial set for today

STAFF REPORT

A two-day trial is set to begin today for a Portales man accused of child molestation.

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

Nunez allegedly inappropriately touched and penetrated three children on multiple occasions.

The case has been surrounded by setbacks as evidence was delayed in being returned from the state lab on multiple occasions.

Defense Attorney Jennifer Burrill filed a motion twice that the charges be dismissed because of the delay with evidence but was declined by District Judge Donna Mowrer on both occasions.

Burrill and Assistant District Attorney Jake Boazman both said Wednesday that they are ready to move forward with the trial.

Boazman filed a motion Wednesday to have certain dates in regard to the case reviewed by the judge before moving forward with the trial. He said the motion hearing was to take place before the 8:30 a.m. trial today.

The following are the charges against Nunez:

• Criminal sexual penetration (child under 13), first degree felony

• Two counts of criminal sexual contact of a minor (child under 13), second degree felony

• Unlawful exhibition of motion pictures to minors, a misdemeanor.

Nunez has not entered a plea on these charges.