GALLUP, N.M. (AP) - A judge has dismissed a man’s rape and domestic violence convictions because a key witness didn’t physically point to the defendant in court to identify him as her attacker.
The Gallup Independent reports that District Judge Robert Aragon on Friday denied a prosecution motion to reconsider his previous decision dismissing the convictions of 28-year-old Julian Martinez after jurors returned guilty verdicts last August.
Aragon said he erred during the trial when he denied a defense motion for a directed verdict on grounds that the witness wasn’t asked to identify Martinez in court. Aragon granted the directed verdict two days after jurors reached a verdict.
Prosecutor R. David Pederson argued that Martinez was properly identified during the trial and said after the hearing that the District Attorney’s Office plans to appeal.
Please read our comment policy before commenting.