Bryan Roth bails out

ALBUQUERQUE (KRQE) - The son of a murdered Albuquerque teacher who spent nearly a year in jail is now a free man.

Bryan Roth bailed out of jail yesterday; two weeks after a judge lowered his bond to $15,000, which meant he only needed $1,500 to get out.

Roth is the son of murdered Albuquerque Public Schools teacher Ellen Roth, has been jailed on 23 counts of credit card theft and fraud related after being accused of stealing of his mother's credit card. Albuquerque police have said they believe Ellen Roth was killed by her son’s wife and friends because she turned Bryan in for the theft.

Bryan Roth was in jail on a probation violation at the time his mother disappeared on May 4, 2009, and has not been charged in her death. Her body was unearthed from a makeshift grave in the Jemez Mountains four months later.

Meanwhile, Bryan Roth is required to go to Little Rock, Arkansas to live with his father, until a judge decides the next step in the theft case.

The State appealed a judge’s decision to throw out his statement to police where he admitted to taking his mother’s credit card.

Wednesday's court proceeding was not the first break Roth has received in his case. Earlier this year, Brown threw out Roth's statement to police about using the stolen card because he claimed he wasn't properly read his Miranda rights.

The statement Ellen Roth made about the theft to police before her death was also thrown out because the judge said she can't be cross-examined.

Meanwhile, the state is appealing to have the statements brought back in which can take time.

Cathleen Roth, James Johnson and Christopher Donovan all remain in jail on $1 million cash-only bonds charged with Ellen Roth's murder.