Family is worried alleged murderer will be let out of jail before trial
May 14, 2019 06:43 PM
ALBUQUERQUE, N.M. — Nicole Robbins was found murdered in her Albuquerque apartment the day before Thanksgiving. Police said it was a senseless act of domestic violence. Now, six months later, her alleged murderer wants to be let out of jail prior to trial.
A delayed autopsy report has caused trouble for the case. The defendant, Francisco Montoya, pointed to that delayed autopsy as an example of the lack of evidence against him and as a reason why he should be released from jail.
Robbin's cousin, Christine Martin, said she's not happy about that.
"Considering it is a familiarity to New Mexico for offenders to be released, I don't have much hope," Martin said.
Police say Montoya strangled and beat Robbins at a northeast Albuquerque apartment. He called 911 hours later to report that she wasn't breathing.
He's been in jail on pretrial detention facing a charge of murder.
Next week he will be in court, arguing to be released.
According to court documents, the state hadn't produced an autopsy report for Robbins. The court had set a deadline for the disclosure of the scientific evidence but that deadline passed in April – still no autopsy report.
A spokesperson for the district attorney's office said they have been reaching out to the Office of the Medical Investigator (OMI) for that autopsy report but weren't getting anywhere.
Late Tuesday afternoon, OMI released a statement that the autopsy is complete:
"The Office of the Medical Investigator has completed the autopsy at the present time and is in the process of communicating the findings and report to the district attorney's office."
The spokesperson for OMI also wrote in that statement that autopsies take time, especially more complex ones. They work to complete them as expeditiously as possible.
Montoya's hearing is scheduled for Thursday, May 23.
Updated: May 14, 2019 06:43 PM
Created: May 14, 2019 05:31 PM
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