Lee Weinland
Almost four years to the day after being arrested for alleged criminal sexual penetration of a child under 13, the charges against Lee Weinland of Los Alamos have been dismissed by Assistant District Attorney Kent Wahlquist.
The dismissal without prejudice was filed April 28 in the First Judicial District Court in Santa Fe. Wahlquist declined to comment on the dismissal “due to the sensitive nature of the case”.
According to an incident/investigation report filed by former Los Alamos Police Det. Paige Early, she said that she received a call from the alleged victim in April 2013, saying that when he was between four and six years old, he was sexually molested Weinland. The report states that the man believed he lived in Los Alamos with his parents from 1992 to 1997, that he came to know Weinland because he attended preschool with Weinland’s daughter and that Weinland was a relatively close neighbor.
The victim described the contact he allegedly had with Weinland and blackouts he suffered during the timeframe in question and said he feels his only memory of the events that occurred came to him through flashbacks. The report indicates that Early spoke to the victim’s mother in 2013 and that she told Early it is absolutely possible that Weinland abused her son. His mother allegedly told Early there were signs her son was being abused, which she realized with hindsight, such as calling 911 and wetting the bed.
It took almost three years before a criminal complaint against Weinland came to Los Alamos Magistrate Court charging him with four counts of criminal sexual penetration. He was bound over May 3, 2016 to the First Judicial District Court on only two of those charges. His attorney, Dan Cron, argued in January 2017 that in light of the four-year stretch of time and lack of specificity surrounding details of the alleged offenses, Weinland had not been informed with sufficient precision to prepare his defense and minimize surprise.
“It is not even known whether or not the complaining witness resided in Los Alamos County from 1994 to 1997 or whether he was living in Albuquerque or California during those years,” Cron argued. “Without more specific details of the allegations, defense counsel simply can’t provide the defendant with adequate assistance of counsel.”
In February, Wahlquist argued that Weinland had received sufficient information to inform him of the nature and character circumstances of the crimes charged. He said a preliminary hearing was conducted in May 2016 at which the victim testified concerning Weinland’s alleged criminal conduct. He argued that Weinland was there and heard the victim’s testimony, and through counsel, cross-examined the victim. The victim also gave recorded statements to law enforcement, Wahlquist said. At that time, almost four years after Weinland was arrested, Wahlquist said Cron had not yet interviewed the victim.
