Judge Releases Alan Wilson To House Arrest On Electronic Monitoring Pending Trial

Alan WilsonAlan Wilson arrives in First Judicial District Court Wednesday afternoon in Los Alamos. Photo by Maire O’Neill/losalamosreporter.com


First Judicial District Judge Jason Lidyard has ordered Alan Wilson to be placed under house arrest and on electronic monitoring at his parents’ home in Albuquerque pending the outcome of a case filed in Los Alamos Magistrate Court in which Wilson is accused of 10 counts of criminal sexual penetration in the first degree with a child under 13 and 20 counts of criminal sexual contact with a minor, third degree – child under 13 – clothed.

Assistant District Attorney Kent Wahlquist had filed a petition asking Judge Lidyard for pretrial detention for Wilson noting that he lives with a different child under 13 and that electronic monitoring “will not prevent him from engaging in similar conduct with a child he is living with”.

Wahlquist noted that Wilson’s attorney Brendan McDonald had pointed out in his response to the petition that some of the case comes down to credibility so he called the alleged victim to the stand. After her testimony and cross-examination Wahlquist told the Court that she had been able to describe specifics about some of the alleged incidents and what was going on around during some of those times.

“With that testimony, your honor, I think you can find that the state’s evidence is strong, that this did happen and that if he did this in his own house, there aren’t any conditions of release that would protect anybody he is living with or anybody in his house,” he said. He said he understood Wilson had his 11 year old daughter living in his house and that electronic monitoring and house arrest would not protect anybody in his house.

“Nothing can be done to prevent the defendant from committing crimes in his house against small children and this was the basis for this motion and my argument and I would ask that you hold him without bond pending trial,” Wahlquist said, adding that a preliminary hearing has been set for Nov. 9 in Magistrate Court.

McDonald presented the Court with a list of alternatives to pretrial detention. He noted that there had never been an allegation made by the 11 year old daughter or anyone else that Wilson had harmed her. He pointed out that there had been no testimony by the alleged victim on counts 11 through 30.

Judge Lidyard then spoke to the 11 year old on the stand after which he agreed to the house arrest and electronic monitoring for Wilson.

He ordered that one of Wilson’s parents must be present at all times at the house while he is at the house.

“His 11-year old daughter may reside there as well but once again, Mr. Wilson’s parents must be present at all times and Mr. Wilson is not to be behind closed doors with his daughter by himself at any time. One parent must be present with them in the same room. His wife may reside there as well and she is not to be the adult present supervising Mr. Wilson. It is his two parents who are in that responsibility role.” Judge Lidyard said.

He told Wilson’s parents that if he violates the conditions of his release, it is their responsibility to notify the Court. He also ordered no contact with children except for his daughter, no access to the Internet, no electronic devices that have Internet access and no computer. He thanked Wilson’s parents for their willingness to take on “this awesome responsibility”. He also imposed standard conditions of release.

The preliminary hearing will be held before Judge Pat Casados who will decide if there is probable cause to bind Wilson over to District Court on the charges.