Client Released After State Concedes It Cannot Sustain Half Its Case
- Fayerberg Dodd, LLC
- May 6
- 2 min read
When the State's Case Collapses, Liberty Is What's at Stake
On May 1, 2026, following argument by Fayerberg Dodd founding partner Amber Fayerberg, the court ordered the release of Kelly McEachran, who had been held in pretrial detention for nearly ten months. He walked out the following week.
A Case Built on Shaky Foundations
From the outset, this prosecution raised serious concerns. Before any indictment, law enforcement solicited additional allegations through the media. The State then secured pretrial detention — and held Mr. McEachran for months — based in significant part on a proffer of additional time-barred victims suggesting decades of predatory conduct. Discovery revealed that proffer was false.
The motion practice that followed told a consistent story about how this case was built. A full extraction of Mr. McEachran's phone — conducted in violation of the search warrant's scope — swept up privileged attorney-client communications that were never quarantined, even after the breach was brought to the State's attention. The court granted the defense motion, suppressed all phone data, ordered its destruction, and disqualified the entire District Attorney's Office from the case. In opposing that motion, the DA's Office submitted a brief containing fabricated case citations — cases that do not exist, quotations that appear nowhere in any reported decision. When confronted at hearing, the prosecutor assured the court the citations were correct. They were not. Fayerberg Dodd moved for an order to show cause.
The New Mexico Department of Justice inherited a case in disarray.
The State Concedes
On March 31, 2026, the NMDOJ dismissed five of ten counts — including the sole first-degree felony and both grooming-based child abuse charges — citing insufficient evidence. The dismissal eliminated all mandatory prison time and gutted the theory that had justified detention in the first place.
Ms. Fayerberg argued that when the State concedes it cannot sustain more than half its case, it cannot continue to meet the clear and convincing standard required to keep someone locked up pending trial. The court agreed.
What's Next
Mr. McEachran is presumed innocent of all remaining charges. Fayerberg Dodd will continue to represent him as the case proceeds.