Judge rejects plea deal in child sex assaults as families object

Dec. 8—The plea agreement hearing was progressing on schedule Wednesday, with the state prosecutor explaining to the judge how long Robert Apodaca would spend in prison for molesting schoolchildren in Santa Fe.

But the the tone — and the outcome — of the proceedings changed in an instant when attorney Paul Linnenburger rose from the second row of the small courtroom.

He addressed District Judge Mary Marlowe Sommer, telling her his client's family had a right to speak against the plea agreement presented by the state and Apodaca's defense attorney. The agreement would have allowed the Santa Fe man to plead no contest to three counts of criminal sexual contact of a minor, exposing him to between 18 and 30 years in prison.

He faces 13 charges of sexually assaulting boys in four separate cases. The plea deal would have consolidated the cases and led to the dismissal of 10 counts, including a rape charge.

"It is an unusual situation, and it is unusual to happen. But it's not unprecedented, and I think the circumstances absolutely warranted it," Linnenburger, an attorney for one of Apodaca's accusers, said of addressing the judge from the courtroom gallery.

After Marlowe Sommer ordered Linnenburger to sit down, she ultimately rejected the plea agreement after allowing two members of the victims' families to speak.

"The second presenter certainly provided some compelling information to the court, and I do not think it is in the best interest of justice to take a no-contest plea today," Marlowe Sommer said.

Apodaca, 31, is accused of molesting four children and teenagers while working as a school health aide at Santo Niño Regional Catholic School and Gonzales Community School from 2018 to 2021.

A mother of one of the victims, and Linnenburger's client, read a detailed statement relaying how Apodaca manipulated her son and abused her family's trust when they were vulnerable.

"This was a person we thought was a friend, and trusted him to keep my son safe and help him through personal issues," the mother said. "I believe my son deserves more justice than [this agreement]. The other kids deserve more justice than that, and this person needs to take responsibility or allow a jury to make him take responsibility."

She detailed how her son first interacted with Apodaca at a school nurse's office, while battling anxiety. Apodaca would later give her son jobs at summer programs as a medical assistant.

The mother added she later learned Apodaca bought her son a BB gun, expensive video games and access to an iTunes subscription.

"He was grooming my kid before he criminally, sexually penetrated him, according to the charges and my son's account," she said while fighting back tears.

The woman said her son had to be admitted to a children's psychiatric hospital and has had worsened mental health issues because of the trauma he endured.

While her son was not in the room, his mother read a statement he prepared.

"I saw [Apodaca] as an older brother. I trusted him. ... I was looking for someone to trust," the boy wrote in the statement relayed by his mother. "Now I know I was being groomed and ultimately raped. ... He thought of me as easily [manipulated] and gullible. He bullied me. He robbed me of my innocence."

Another parent spoke on behalf of his son, and told the judge state prosecutors' rationale the agreement would save the victims from enduring more trauma was a "scapegoat."

"The plea deal ... has been sold to the victims and their families as an expeditious way to complete this trial and to get on with it," the father said. "The trauma has already been done, and I think that ... these procedures minimize the actual trauma that the victims actually endured."

State prosecutor Haley Murphy said the agreement was in the best interest of justice by guaranteeing sex offender convictions on all four cases.

"It's the state's position that accountability comes in a number of different ways, and a conviction is a conviction," Murphy said during the proceeding. "Up to three decades in prison, resulting in the defendant not being released until he's in his mid-50s, is justice in the eyes of the state of New Mexico."

She added while families objected to the no-contest provisions in the agreement — allowing Apodaca to finish judicial proceedings without admitting guilt — it has the same effects as a guilty plea under the law.

Linnenburger said the no-contest provisions were a major sticking point with his client and the other families.

"In 20 years I have never seen a case of this level of egregiousness with a proposed resolution that would essentially provide 'freebies' to the defense on multiple cases, and would not require an admission of guilt," Linnenburger said.

Julita Ann Leavell, who represents Apodaca in all four cases, said the no-contest provisions were included in the agreement to find a middle ground that would bring her client "to the table."

"It was really just an effort to find resolution, but still have Mr. Apodaca serve the time ... that was certainly warranted by the charges," Leavell said in an interview after the proceeding. "I am going to continue to work with the DA and with my client to try and find a way to avoid trial because I really don't think that the families especially, and the kids, have thought through just how damaging and difficult a trial can be."

In an email, JoHanna Cox, a spokeswoman for the First Judicial District Attorney's Office, wrote prosecutors "are reviewing the options and factors in all cases and will move forward considering all aspects of the case."

Marlowe Sommer dismissed the courtroom after her decision. Later in the day, a virtual hearing was set for Dec. 29.

Linnenburger said he foresees his client's case going to trial.

"We anticipate that there will be preparations for trial, and that the cases will be given attention and that they will be treated with the seriousness that is warranted," Linnenburger said. "I have no reason to doubt, at the moment, that that will ... occur."