Vollenweider accused of child exploitation, set to be released

ALAMOGORDO – A 12th Judicial District Judge ruled in Lt. Col. Keith Vollenweider’s pretrial detention motion hearing Wednesday that Vollenweider can be released on his own recognition pending his trial for alleged child exploitation.

Vollenweider, 48, is charged with one count of third-degree felony distribution of sexual exploitation of children under the age of 13 and one count of special fourth-degree felony possession of sexual exploitation of children under the age of 13.

He will remain jailed at the Otero County Detention Center without bond until Vollenweider is fitted with an electronic GPS monitoring device. He will be subject to warrantless searches of his home and only be allowed to visit his attorney in Las Cruces.

He will be allowed to have supervised visitation with his wife and children but only allowed to speak English because he and his wife are bilingual. Vollenweider is required to remain alcohol and drug free, and not possess a firearm.

According to 12th Judicial Court records, Alamogordo Police Department detectives with the assistance of the Air Force's Office of Special Investigation arrested Vollenweider after executing a search warrant at Vollenweider's home in the 400 block of San Simon Circle Sept. 18.

APD detectives and the New Mexico Attorney General's office had an ongoing investigation of Vollenweider, According to court records obtained by the Daily News.

According to records, APD detectives seized several files believed to contain alleged child pornographic material.

During Vollenweider’s hearing testimony revealed that APD detectives also seized a laptop and other electronic storage devices that allegedly contained images and video of children either nude or engaged in sexual acts.  

“The state has not met the burden of danger to the community. He will have to surrender his passport and check in with pretrial services that’s determined by them,” 12th Judicial District Judge Angie Schneider said from the bench. “He cannot have any devices that gives him Internet access. He cannot also have any access to the Internet at his home. He cannot go on base at this time.”

Schneider said she will have pretrial services contact Holloman because the court needs to know the process for law enforcement to monitor or check on Vollenweider while he is working on base.

According to a Holloman Air Force Base 49th Wing Public Affairs press release, Vollenweider has been relieved of his command as the 49th Medical Support Squadron commander pending the outcome of the criminal investigation by the 12th Judicial District Attorney's Office.

The state represented by 12th Judicial District Attorney John P. Sugg contented during the hearing that Vollenweider is a danger and a flight risk because of the nature of the crimes and his wife has family in Sweden.

“We strongly disagree with the judge’s decision and we’re going to seek an appeal,” Sugg said.

He said the District Attorney's Office and APD detectives continue their investigation of the case and more charges are pending.

Vollenweider’s defense attorney Michael Stout contended during the hearing that his client was not a danger or a flight risk because Vollenweider was free for a couple of days prior to being arrested after a search warrant was executed at his home.

“He’s complied with everything,” Stout said during the hearing. “He’s gone over to the Office of Special Investigations (at Holloman) as he was asked to do. He has no prior criminal history. We have no reason to believe he will not comply. You cannot make a blanketed detention based on a charge. We will comply and work with the court.”

Sugg said he believes in this day and age monitoring Internet access is impossible.

“It’s not the job of the state to be the pretrial monitoring agency,” Sugg said during the hearing. “We don’t have that capability or manpower to do pretrial checks. Holloman said they won’t monitor him. The state can’t enforce conditions of release that the state can’t enforce. This court does not have jurisdiction over Holloman. The state can’t enforce conditions of release that the state can’t enforce.”