Trial date vacated in sex assault case

CLOVIS — A new trial date for man charged with first-degree criminal sexual penetration of a minor was vacated Tuesday morning.

Daniel Bayless, 53, was charged Aug. 13, 2013 on allegations of assaulting a 10-year-old girl. He was found guilty on Nov. 11, 2014 and was sentenced to 19 years in prison, including a one-year enhancement for a past drug trafficking conviction.

However, the New Mexico Court of Appeals remanded the case for a new trial in March after determining a witness was not properly qualified by the court before giving expert testimony, Chief Deputy District Attorney Brian Stover said.

Bayless was not in custody when he appeared Tuesday in District Court Judge Fred Van Soelen’s courtroom.

Stover represented the state on behalf of District Attorney Andrea Reeb.

Defense attorney Jennifer Burrill, via telephone, said she was not prepared to move forward to trial because she had not received lab DNA analysis reports back yet.

Stover asked the state not be held accountable for the time delay, to which Burrill agreed.

Van Soelen signed an order vacating the trial setting for Jan. 12 and 13. He said another two-day trial setting might not be until April or May.