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.
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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.
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