ALBUQUERQUE, N.M. (KRQE) – The New Mexico Court of Appeals has ruled an Albuquerque man should be released while he awaits trial, even though that man is charged with sending and receiving inappropriate photos of children.
A years-long investigation led Bernalillo County Sheriff Officer detectives to Adam Lucero. According to a criminal complaint, last year Yahoo flagged 34 photos of possible child pornography that detectives traced back to Lucero.
Then, last September policed served Lucero with a search warrant at his home. Detectives were looking for everything from cell phone to computers. They noted in the criminal complaint that when they left, “no files of child pornography were located on scene.”
But after detectives subpoenaed his email accounts, they say that wasn’t the case. They say the 37-year-old was exchanging emails with someone about being turned on by younger girls.
Detectives say in one conversation the two talked about “raping children.” They say Lucero admitted to taking a photo of his friend’s daughter and another of a girl inside a McDonald’s.
Lucero was arrested last month for possessing and distributing child pornography. Prosecutors filed a motion to keep him locked up until trial, saying he posed a danger to the community, and District Court Judge Daniel Gallegos agreed. However, the State of New Mexico Appeal’s Court did not, and reversed the decision this month.
The appeals court argued Lucero has no criminal history and that the court did not think about placing Lucero on house arrest, a GPS tracker, or prohibiting his use of internet access.
Lucero is still behind bars. The New Mexico Attorney General’s office is now appealing the latest ruling to the State Supreme Court.