Accused rapist to remain jailed

PORTALES — A motion to review conditions of release for a Portales man accused of rape has been denied.

Roy Brown, 29, is accused of breaking into a woman’s home two miles south of Portales in June 2016 and attacking her as she slept.

He is charged with two counts of criminal sexual penetration, both second-degree felonies, along with felony charges of aggravated burglary, resisting, evading or obstructing an officer and a misdemeanor charge of aggravated battery.

In an order granting a motion by the Ninth Judicial District Attorney’s Office to hold Brown in jail without bond, Judge Donna Mowrer stated that “the court finds that no release conditions will reasonably protect the safety of any other person or the community” if Brown is released.

“The allegations in this cause number are highly concerning,” Mowrer wrote in the order, citing that Brown “is alleged to have been under the influence of intoxicants while out on conditions of release in another cause number.”

Mowrer also wrote that “the evidence at this juncture appears strong in this case,” a statement Brown’s attorney Craig Acorn disputes.

“On and on, there’s tremendous weaknesses in the state’s case,” Acorn said, “and it should be glaringly apparent, based on the testimony that has happened.

“This alleged victim has changed her story many times. We have her testimony on record at least three times in court, and several times in official pre-trial interview, so we know that her story has changed to accommodate I don’t know what.”

While Acorn noted an appeal of the decision is available, he said no path of action has yet been decided.

District Attorney Andrea Reeb was pleased with Mowrer’s decision.

“I definitely think Mr. Brown is dangerous and deserves a no-bond hold. I felt we met our burden, and that our community is a lot safer with him in custody pending this trial. I was very excited to see the results of that.”

Brown’s trial is scheduled for Sept. 11.