Child molestation case remanded

PORTALES — Portales District Judge Donna Mowrer remanded a child molestation case back to magistrate court Friday due to the defendant not understanding paperwork he signed.

Jacen Burton, 40, a former Portales man who had been living in Elgin, Oklahoma, was arrested in August and charged with eight counts of criminal sexual penetration of a child under 13 years old.

Burton appeared in magistrate court Friday morning on a motion to withdraw the waiver he signed Aug. 26, the scheduled date of his preliminary hearing. The document waived Burton’s rights to preliminary and grand jury hearings.

Craig Acorn of Albuquerque, Burton’s attorney, said his client did not understand what he was signing. Burton was being represented then by public defender Gokul Krishna Sripada of Roswell, but Portales public defender Evan Arendell filled in when Sripada couldn’t make the hearing.

Burton testified that when signing the waiver, it was with the understanding it would lower his bond to the point he could get out of jail, and only waive that day’s hearing — not the entire preliminary and grand jury hearing process.

Assistant District Attorney Jake Boazman had Arendell testify that he did explain the waiver to Burton. Boazman added the document Burton signed was titled “Waiver of Preliminary Hearing.”

Acorn said Sripada was under the impression the state didn’t have witnesses available and would ask for a continuance, and that was communicated to Arendell. Instead, Acorn said, the state was ready to go, and Arendell had no file for Burton on hand.

Mowrer agreed to remand the case back to magistrate court for a new preliminary hearing, based on Burton’s testimony and Arendell not being in a position to defend the client.