ALBUQUERQUE, N.M. —

An Albuquerque teacher accused of sexually abusing a student is asking the state Supreme Court to release him from jail. Police say Kelly McHearchran inappropriately touched an 11-year-old girl during class last year at Hope Christian School.

According to a petition filed on Sept. 1, the defense is arguing that prosecutors did not consider meaningful evidence during his detention hearing. A judge ruled for him to stay behind bars for his trial in July. He was arrested by U.S. Marshals while in Idaho.

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