Bryan Roth one step closer to freedom

ALBUQUERQUE (KRQE) - A $15,000 cash or surety bond is all that stands between Bryan Roth and freedom after District Judge Charles Brown lowered the original bond for release while the case goes before a court of appeals.

Roth is the son of murdered Albuquerque Public Schools teacher Ellen Roth. Roth's dad has told the court he'd like to come up with the lowered bond and take his son to Little Rock, Ark., where he can supervise him.

Another condition for release is that Roth be supervised by the court.

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 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.

Brown agreed to the motion for release and lowered Roth's bond from the original $75,000.

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.

"Given that time, and it's likely to be several months or a year before we're going to get an answer from them," Pat Davis, a spokesman for the Bernalillo County District Attorney's Office, said. "Judge Brown decided today it'd be appropriate that if he can make bond that he be allowed to be freed under supervision while that matter's being held before the court."

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