Three trial dates vacated

CLOVIS — Three trial dates were vacated during a docket call hearing in District Court Judge Fred Van Soelen’s courtroom Tuesday morning.

A trial date was vacated for Margarito Hernandez-Rodriguez, who is facing a charge of criminal sexual penetration in the third degree.

The charge was filed Oct. 28 of 2015.

Hernandez-Rodriguez appeared Tuesday morning with Attorney Benjamin Herrmann representing him. Attorney Rebecca Ralph represented the state.

Herrmann requested continuance and said an interview with an alleged victim needed to be conducted. He added he was still waiting for DNA results.

Ralph said the state did not oppose continuance, and added the alleged victim was in the hospital on Dec. 28 when the interview was originally scheduled.

Van Soelen granted continuance, but questioned why a 2015 case would need it and said the case must be ready to go to trial the next time it is set.

Hubert Spillman also appeared in Van Soelen’s courtroom Tuesday morning, also facing charges of criminal sexual penetration in the third degree.

The charge was filed Dec. 7, 2015.

Ralph represented the state. Attorney Brett Carter represented Spillman, who was not in custody.

Ralph said the state was prepared to move forward since they received DNA results, and anticipated completing an interview with the alleged victim before the original Jan. 19 trial date.

Carter requested continuance and said he is waiting for the toxicology report. He also said the sheriff’s office sent subpoenas for three witnesses, including the alleged victim, but all addresses were not current.

Ralph said the state did not oppose continuance due to the pending toxicology report.

John Branham also appeared Tuesday morning and is facing charges of child solicitation by electronic communication device.

The charge was filed Sept. 29, 2015.

Ralph represented the state. Herrmann represented Branham, who was not in custody.

Ralph said the state was ready to move forward with all discovery in and with a plea offer filed.

Herrmann requested continuance, as he was recently assigned to Branham’s case.

He added the case file looked to be incomplete because no discovery was included and was not sure if a police report was included with the file.

Herrmann also said he was not sure if notes indicating a different resolution were included.

Ralph said the state did not believe it received a request for discovery.

Van Soelen granted continuance in the case.