Initially indicted on nine felony child-ex charges, a Montezuma County grand jury recently stacked four additional charges on top of a convicted sex offender.<\/p>\n
The amended indictment was filed 35 days before Andrew Allmon, 54, of Cortez was scheduled for trial on Sept. 17. According to District Attorney Will Furse, the new charges were connected to \u201cpills and drugs\u201d found in evidence last March. Investigators initially seized the \u201cbox and pills\u201d in August 2013.<\/p>\n
\u201cThe amended indictment was the will of the grand jury,\u201d Furse argued on Tuesday, July 22.<\/p>\n
Chief District Court Judge Doug Walker said he had \u201csubstantial doubts\u201d that any new evidence alleging the victim was drugged could be introduced at trial.<\/p>\n
\u201cI just don\u2019t think that\u2019s going to fly,\u201d he said.<\/p>\n
Walker ruled the amended indictment, as presented, could not be filed against Allmon, citing a lack of proper notice to defense.<\/p>\n
\u201cThis new indictment substantially complicates the case,\u201d said public defender Amy R. Smith.<\/p>\n
In light of the new allegations, Smith said she was not ready to proceed to trial next month.<\/p>\n
\u201cThe court can only grant a continuance if you waive your right to a speedy trial,\u201d Walker told a shackled Allmon.<\/p>\n
In custody under a $30,000 bond since his arrest last December, the defendant agreed to reschedule the trial to Jan. 5. A court official said the new charges were not contained in the case file.<\/p>\n
The prosecution could withdraw the original indictment and re-file the amended charges against Allmon, but the entire timeline of the case would restart, Walker warned.<\/p>\n
Court records reveal the alleged victim is an 8-year-old girl, and the incidents in question occurred over a two-week period at Allmon\u2019s home in June 2013.<\/p>\n
Records reveal the defendant was convicted in New Mexico on charges of false imprisonment and sexual assault of a minor in 2008.<\/p>\n