A state district judge late last year rejected a consolidated plea prosecutors had offered a former school health aide accused of molesting four children after parents of two of his alleged victims spoke in opposition to the agreement.
An attorney representing one of the accusers says in a new court filing the First Judicial District Attorney’s Office days later dismissed the charges related to his client — the most serious of those leveled against Robert Apodaca — and is making access to the teenager’s protected mental health records a condition for refiling them.
Paul Linnenburger filed an emergency motion last week, requesting a protective order for the records, which he says the District Attorney’s Office has “demanded as a precondition to further prosecution.”
The state never interviewed his client or asked for the records prior to dismissing the case “pending further investigation” in December, according to the motion.
New Mexico…
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