Child molestation trial moved again

PORTALES — The trial for a former Portales man accused of child molestation has been moved back for the second time at the request of the defendant.

Rocky Banda, 36, of Amarillo was arrested in February 2016 and charged with 24 counts of criminal sexual penetration of a child, as well as criminal sexual contact with a child and bribery of a witness, for allegedly molesting a female victim over the course of a few years.

Banda was set for a two-day trial today and Friday but after a status conference on Monday, a new trial date has been set for March 28-30.

"Between the jury selection (on Jan. 9) and that status hearing (on Monday), he (Banda) indicated there was discovery he would still like to gather," Assistant District Attorney Jake Boazman said Wednesday afternoon. "Mr. Banda presented issues to the court that he did not have all the discovery (state evidence), and he had not filed his witness list, so we were not aware until that conference hearing of his witness list."

Banda could not be reached for comment Wednesday.

"The judge made it very clear she is not inclined to grant any more continuances," Boazman continued, saying Banda had indicated at the Jan. 9 jury selection hearing that he was prepared for trial.

After a brief time of being represented by two different public defenders last year, Banda chose to represent himself in the case, asking District Judge Donna Mowrer for a continuance of the case in November at which time the January trial date was set. The original trial date was June 2016.

Boazman said Wednesday that Deputy District Attorney Brian Stover will try the case in March since Boazman is unavailable on those dates.

In another child molestation case, Mowrer gave a Portales man a deadline to find an attorney to represent him.

Marco Nunez, 39, appeared in district court Wednesday morning on a determination of council hearing.

Nunez was arrested in April 2015 on 10 counts of criminal sexual penetration and criminal sexual contact of a minor for allegedly molesting three female victims. He was previously represented by defense attorney Jennifer Burrill, who left the local area to work in Santa Fe.

During a jury trial in August, the district attorney's office dropped the charges down to four. At the end of the trial, the jury found Nunez not guilty of two of the four charges and could not reach a decision on the last two counts pertaining to only one of the victims.

Mowrer said Wednesday the two charges remaining were criminal sexual penetration of a minor and criminal sexual contact of a minor.

Attorney Hal Grieg of Clovis appeared with Nunez on his behalf Wednesday but was not Nunez' official attorney.

Mowrer told Nunez he has until Feb. 8 to choose an attorney and have them file with the courts or she will appoint him a public defender.

He is scheduled for a May 1 docket call and a May 9 jury trial.