Airmen accused of rape released on bond

CLOVIS — The three Cannon Air Force Base airmen awaiting trial on rape charges were released Monday from the Curry County Adult Detention Center on an unsecured appearance bond, following a court hearing that morning.

Defense attorney Ben Herrmann said he was glad that his client, 24-year old Thomas Newton, and his two co-defendants were out of custody after spending the past two months in jail. The three were arrested in late January and charged with second-degree criminal sexual penetration after a female airman told police they assaulted her at a house party in Clovis hours earlier, according to court records.

“It’s kind of a better late than never scenario,” said Craig Acorn, representing 19-year old Isaiah Edley.

He said their conditions of release were standard, such as restriction from alcohol, drugs or contact with each other or the alleged victim. They are required to keep in touch with their attorneys and cannot leave the state, he said. Only if they miss subsequent court dates would they have to pay the $5,000 value of the appearance bond.

The motion hearing Monday came after the state’s Court of Appeals issued an order reversing the district court’s motion last month for pre-trial detention without bond. That reversal order arrived first March 27 for 18-year old Rahman Buchanan, followed soon by his co-defendants.

District Attorney Andrea Reeb noted the motion last month was premised largely on jurisdictional issues between the state and the base. In spite of assurances Monday from the co-defendants’ 1st sergeants that they would assist with their compliance, she had concerns.

“It’s not anything we can control,” she said. “The Air Force is entrusted to make sure that they comply with the conditions of release. It does still take it out of the state’s hands. ... I’m frustrated with the decision that there is basically an OR (own recognizance) bond on these individuals.”

A five-day trial is tentatively set for mid-October while the court still awaits forensic analysis results from the state’s crime lab and attorneys proceed with witness interviews and other discovery.