Court Orders Sample of Priest's Voice
By Bruce Daniels
Albuquerque Journal (New Mexico)
June 29, 1999
The Rev. Robert Malloy, a Roman Catholic priest facing multiple sex-abuse allegations, was ordered Monday to turn over handwriting and voice samples to prosecutors.
Deputy District Attorney Lisa Trabaudo asked state District Judge Frank Allen Jr. for the samples "to be analyzed and compared" to items seized during the execution of search warrants and from alleged victims in the case.
At least one of those items is a videotape "that contains a subject's voice which may or may not be" Malloy's, his attorney, Ray Twohig, said at a brief hearing before Allen.
Twohig told Allen he didn't object to the "process" of taking handwriting samples, which he said is "fairly routine."
But he said he'd be asking for hearings to challenge the admissibility of any evidence based on items he said were "not lawfully seized" during searches of Malloy's home, office and vehicle Dec. 18 and a second search of his home on Feb. 5.
Allen granted the state's request, but also said Twohig could be present when Albuquerque Police Department technicians take samples of Malloy's voice.
Allen is the third judge to be assigned the case after the defense in March excused Judge Neil Candelaria and issued a peremptory disqualification of Judge Ross Sanchez.
The 42-year-old Malloy, a longtime Albuquerque police chaplain, was arrested on Dec. 17 while pastor of Queen of Heaven Church on suspicion of three counts of contributing to the delinquency of a minor.
After being released on a $12,000 bond, Malloy was charged Feb. 16 in a 42-count grand jury indictment, alleging sex offenses against 14 boys between 1994 and 1998.
He pleaded innocent at his arraignment in February and remains free on the same $12,000 bond originally set in Metro Court.
Malloy, who resigned as pastor at Queen of Heaven in December, remains on restricted status with the Archdiocese of Santa Fe, which means he cannot publicly perform the functions of a priest.
Twohig told reporters that Malloy is basically "biding his time" until his case goes to trial.
Twohig originally asked for Monday's hearing in March because he said the state hadn't turned over any discovery materials in the case, including possibly "exculpatory" material.
Twohig said on Monday the state turned over a "stack of material" on June 7.
But because the defense "just got discovery in June," Twohig said he would likely ask for a delay of the trial now scheduled to begin Aug. 9.
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