ALBUQUERQUE, N.M. (KRQE) – Proceedings in the rape trial against two former Albuquerque firefigthers was about to go into recess for the holiday weekend on Friday, when the state dropped a charge against each defendant.
Prosecutors dismissed a charge against Anthony Martin. They say they could not prove that he raped the victim. Martin along with Aden Heyman and Angel Portillo are charged in connection to a rape that happened at an off-duty party at his home. He’s now charged with two counts of aiding and abetting, having his criminal sexual penetration resulting in personal injury dismissed.
A directed verdict is when a judge decides the evidence is insufficient to support a conviction. It takes it out of a jury’s hands because the prosecution didn’t meet its burden of proof. “As she had described it and as we’ve seen in the photos. Mr. Martin was described as being between the two windows at the foot of the bed. She did not know where his hands were, but there was no description that he was in any way holding her down, even no similar evidence that she knew that his hands were holding her down or that he prevented her from going down the stairs in any way,” said Judge Britt Baca.
Judge Britt Baca granted the motion, which led Aden Heyman’s lawyer, Robert Bowles, to ask the court for his client to get a directed verdict too. That motion was denied.
Judge Baca did say the ruling was subject to reconsideration, and the state is expected to enter a motion Monday morning in Martin’s case.
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