Deming defendant stays free despite release challenge

Melvin Cordell remains free on conditional pretrial release after a court hearing in Deming where prosecutors argued he attempted to contact a potential witness.

Chief Deputy District Attorney Cashmala Fazal asked the court to end Cordell's release and return him to jail before his pending trial. He faces roughly two dozen felony counts, including child abuse, sexual molestation of his children, aggravated battery, and tampering with evidence.

Cordell, 52, spent 16 months in confinement before last month's proceedings. State District Judge Jennifer DeLaney then vacated the jury trial and sanctioned prosecutors for last-minute disclosures of expert witnesses and evidence. The judge found the delay was avoidable and ruled that Cordell and his co-defendant, Valerie Cordell, 43, must be released under the highest degree of supervision. Conditions include GPS monitoring, no-contact orders among the family members and other witnesses, and zero tolerance for violations.

Valerie Cordell faces 16 counts of child abuse, one count of criminal sexual penetration of a minor, and one count of conspiracy to commit abuse of a child.

Prosecutors alleged that Cordell presented himself at the Luna County Planning Department on two occasions shortly after his release. They claimed he was looking for a retired codes enforcement officer who serves as a trial witness. However, two department employees testified that Cordell only asked if the officer was in the building. They stated he mentioned he was not supposed to have contact with the man.

Cordell appeared in court wearing a dark shirt and slacks with trimmed hair and beard. He did not testify. His attorney, Mario Carreón, argued that Cordell was conducting legitimate business regarding code violations on his property after being incarcerated for more than a year.

DeLaney ruled that the prosecution had not proven a violation of release conditions occurred. She reiterated the consequences if he seeks contact with witnesses or his children. When the Cordells were arrested in February 2025, eight children between the ages of 6 months and 16 years were taken into protective custody.

Cordell is also seeking permission for limited contact with his sister, who is a witness in the case. Carreón argued these communications are necessary for family matters, including purported vandalism of his property while he was confined. The request was not adjudicated on Monday. Fazal said prosecutors are concerned about potential third-party contact with the children through the sister. The issue was postponed for a future hearing.

District Attorney Norman Wheeler, who did not participate in the hearing, filed a motion to pay a $5,000 fine from his personal funds rather than through the office. DeLaney ordered the penalty last month for the state's late witness disclosures and the resulting delay. She indicated she had no objection.