Custodial grandpa rapes granddaughters; gets out of jail with no bond (Rio Rancho, New Mexico)

Custodial grandad KENNETH ELLIOTT has been charged with 42 counts of rape against his three granddaughters. But somehow his "no-bond arrest warrant" mutated into a "promise" to appear in court.
Somebody has some 'splaining to do.

http://www.krqe.com/dpp/news/crime/crime_krqe_rio_rancho_release_of_child_rape_suspect_a_mystery_2009070900010

Release of child-rape suspect a mystery
'No bond' becomes 'promise to appear'
Updated: Thursday, 09 Jul 2009, 10:05 AM MDT
Published : Thursday, 09 Jul 2009, 12:11 AM MDT
Reporter: Jim Winchester
Web Producer: Bill Diven


RIO RANCHO, N.M. (KRQE) - A Rio Rancho man charged with 42 counts of child rape last week is back on the street after being released on only a promise to appear in court.

Kenneth Elliott, 58, still faces charges for allegedly raping his three granddaughters. However it still is not clear how his no-bond arrest warrant evolved into his being released Monday on his own recognizance.

Elliott and his wife had custody of their three granddaughters ages 8, 8 and 9. The girls claim he repeatedly raped them over the past two years, sometimes while their grandmother was asleep in the same bed.

Elliott was arrested July 2 on a warrant saying he would be held without bond.

But, News 13 obtained a court document showing he was released Monday on only a promise return to court when scheduled and not to have any contact with his family.

Sandoval County Magistrate Court Judge Delilah Montaño-Baca signed both the arrest warrant and the release order.

Montaño-Baca declined to answer questions posed to her outside the court by News 13 on Wednesday. An official at the Sandoval County Detention Center referred questions back to the court.

Elliott's three granddaughters are in state custody. No one answered at the Elliott household Wednesday, but neighbors are upset about Elliott's swift release.

"It would be very disturbing, particularly if I had kids or grandkids," Ron Byrd said.

"The legal system, they got these loopholes that people fall through," added Charlie Strickland. "You know, it's ridiculous."

Since his release Elliott had been staying at a campground in Rio Rancho.

When News 13 went to that campground Wednesday the manager said he kicked Elliott out on Tuesday once he heard of the charges and quick release.

New Mexico law requires that anyone arrested have a hearing to determine probable cause for the charges within 72 hours. Magistrate Court would not answer asked if the 72 hour deadline was missed in this case.