Robert Apodaca listens to his defense lawyer, Julita Ann Leavell, as she speaks with Judge Mary Marlowe Sommer on Wednesday in First Judicial District Court. Apodaca was set to take a plea deal in one of his three pending child sex assault cases, but the deal was dismissed when the accused child molester said he had not spoken with Leavell in person about possible defenses they could have deployed in a jury trial.

A plea deal in the case of a man accused of sexually assaulting four children fell apart for a second time Wednesday morning when the accused child molester told the judge he hadn’t talked to his lawyer in person about possible defenses they could have used at a jury trial.

“I’ve had opportunity to speak with her on occasions, not as — I haven’t asked the right questions of her,” Robert Apodaca told Judge Mary Marlowe Sommer during the proceeding.

Apodaca told the judge he had only spoken to his lawyer Julita Ann Leavell on the telephone and had not had an opportunity to throughly go over his case and explain, in person, any defenses he thinks he might have had.

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