ORDER FOR THE CASE. KIM AIKEN JUNIOR NOW WANTS HIS CASE DISMISSED. YOUR HONOR, THE THE OPPOSITION I HAVE OR THE REQUEST TO EXCLUDE THOSE WITNESSES. OR ALTERNATIVELY, DISMISS THIS MATTER WITHOUT PREJUDICE IS THAT THE STATE IN ADDING ALL OF THOSE WITNESSES FUNDAMENTALLY CHANGED THE DYNAMIC, INCLUDING THE COMPLEXITY OF SCHEDULING WITNESS INTERVIEWS. HIS ATTORNEY ARGUES SOME WITNESSES WERE NOT REVEALED IN TIME. PROSECUTORS SAYING OTHERWISE, WE HAVEN’T VIOLATED ANY ANY PART OF THE RULE YET. UM, SIMPLY BECAUSE AT THE TIME OF ARRAIGNMENT AND AT THE TIME OF OUR OF THE STATE’S INITIAL WITNESS LIST, THE HONEST INTENT, FRANKLY AND HONESTLY, WAS THAT WE WERE GOING TO CALL THOSE NINE WITNESSES. AIKEN, ONE OF THREE FORMER NEW MEXICO STATE UNIVERSITY BASKETBALL PLAYERS ACCUSED OF HAZING TWO OF HIS TEAMMATES EVEN ACCUSED OF SEXUAL ASSAULT ON MULTIPLE OCCASIONS. IT COMES DOWN TO WHETHER OR NOT SOME WITNESSES WHO THE PROSECUTION WANTS TO CALL, WERE IDENTIFIED IN AN APPROPRIATE TIME, AND THE DEFENSE SAYS THEY WEREN’T. THEY OUGHT TO BE EXCLUDED. IT’LL BE UP TO A JUDGE TO SAY WHETHER OR NOT, UM, THESE WITNESSES CAN TESTIFY. THE ATTORNEY GENERAL’S OFFICE HAS SAID, WELL, THERE’S NO PREJUDICE TO THE DEFENDANT. THEY’VE KNOWN THESE NAMES ALL ALONG. THERE’S NO HARM, NO FOUL. KOAT LEGAL EXPERT JOHN DAY TELLING US AIKEN’S CHARGES ARE SERIOUS. IF HE IF KIM AIKEN, THE FORMER BASKETBALL PLAYER, IS FOUND GUILTY, HE’S FACING A NUMBER OF YEARS. IF HE’S CONVICTED ON ALL THE COUNTS AND SENTENCED ON
Former NMSU basketball player charged with felony sex crimes wants case tossed
“If Kim Aiken is found guilty, he’s facing a number of years if he’s convicted on all counts. This could be a really hefty sentence,” Day said
Updated: 7:36 PM MDT Aug 12, 2024
Video above: Former New Mexico State basketball player Kim Aiken Jr.’s attorney, Lara Smalls, filed a motion to “exclude or dismiss” his case without prejudice. A hearing on its motion was held in court on Monday, Aug. 12. Aiken is one of three former NMSU basketball players charged with multiple felony sex crimes in connection to hazing allegations in 2022. Third Judicial District Judge Conrad Perea promised a written order regarding today’s hearing. MORE: Former NMSU basketball players allege sexual assault in new lawsuit”This was a spin-off from the cases involving claims that New Mexico State basketball players were engaged in this sexually charged hazing, a battery of other players and raise the issues of what sort of oversight is there at New Mexico State and its athletic program,” KOAT legal expert John Day said.Related: Police report details NMSU hazing allegations”This defendant , one of the NMSU former basketball players, is asking the court to basically exclude witnesses who the prosecution in this case, the attorney general’s office, has listed because Kim Aiken and his lawyers say that these witnesses were named too late,” Day said.What is ‘dismissed without prejudice?”Dismissal without prejudice means for case to be retried at a later date”The court has issued a scheduling order which sets the time frame and time and deadlines for identifying witnesses and can make. His lawyers in this case are saying the attorney general’s office waited too long to provide these witness names,” Day said. “It’ll be up to a judge to say whether or not, these witnesses can testify. Attorney General’s Office has said, well, there’s no prejudice to the defendant. They’ve known these names all along. There’s no harm, no foul.” Stay updated on the latest news updates with the KOAT app. You can download it here.
Video above: Former New Mexico State basketball player Kim Aiken Jr.’s attorney, Lara Smalls, filed a motion to “exclude or dismiss” his case without prejudice. A hearing on its motion was held in court on Monday, Aug. 12.
Aiken is one of three former NMSU basketball players [Deshawndre Washington and Doctor Bradley] charged with multiple felony sex crimes in connection to hazing allegations in 2022. Third Judicial District Judge Conrad Perea promised a written order regarding today’s hearing.
MORE: Former NMSU basketball players allege sexual assault in new lawsuit
“This was a spin-off from the cases involving claims that New Mexico State basketball players were engaged in this sexually charged hazing, a battery of other players and raise the issues of what sort of oversight is there at New Mexico State and its athletic program,” KOAT legal expert John Day said.
Related: Police report details NMSU hazing allegations
“This defendant [Kim Aiken], one of the NMSU former basketball players, is asking the court to basically exclude witnesses who the prosecution in this case, the attorney general’s office, has listed because Kim Aiken and his lawyers say that these witnesses were named too late,” Day said.
What is ‘dismissed without prejudice?”
Dismissal without prejudice means for case to be retried at a later date
“The court has issued a scheduling order which sets the time frame and time and deadlines for identifying witnesses and can make. His lawyers in this case are saying the attorney general’s office waited too long to provide these witness names,” Day said. “It’ll be up to a judge to say whether or not, these witnesses can testify. Attorney General’s Office has said, well, there’s no prejudice to the defendant. They’ve known these names all along. There’s no harm, no foul.”
Stay updated on the latest news updates with the KOAT app. You can download it here.
ORDER FOR THE CASE. KIM AIKEN JUNIOR NOW WANTS HIS CASE DISMISSED. YOUR HONOR, THE THE OPPOSITION I HAVE OR THE REQUEST TO EXCLUDE THOSE WITNESSES. OR ALTERNATIVELY, DISMISS THIS MATTER WITHOUT PREJUDICE IS THAT THE STATE IN ADDING ALL OF THOSE WITNESSES FUNDAMENTALLY CHANGED THE DYNAMIC, INCLUDING THE COMPLEXITY OF SCHEDULING WITNESS INTERVIEWS. HIS ATTORNEY ARGUES SOME WITNESSES WERE NOT REVEALED IN TIME. PROSECUTORS SAYING OTHERWISE, WE HAVEN’T VIOLATED ANY ANY PART OF THE RULE YET. UM, SIMPLY BECAUSE AT THE TIME OF ARRAIGNMENT AND AT THE TIME OF OUR OF THE STATE’S INITIAL WITNESS LIST, THE HONEST INTENT, FRANKLY AND HONESTLY, WAS THAT WE WERE GOING TO CALL THOSE NINE WITNESSES. AIKEN, ONE OF THREE FORMER NEW MEXICO STATE UNIVERSITY BASKETBALL PLAYERS ACCUSED OF HAZING TWO OF HIS TEAMMATES EVEN ACCUSED OF SEXUAL ASSAULT ON MULTIPLE OCCASIONS. IT COMES DOWN TO WHETHER OR NOT SOME WITNESSES WHO THE PROSECUTION WANTS TO CALL, WERE IDENTIFIED IN AN APPROPRIATE TIME, AND THE DEFENSE SAYS THEY WEREN’T. THEY OUGHT TO BE EXCLUDED. IT’LL BE UP TO A JUDGE TO SAY WHETHER OR NOT, UM, THESE WITNESSES CAN TESTIFY. THE ATTORNEY GENERAL’S OFFICE HAS SAID, WELL, THERE’S NO PREJUDICE TO THE DEFENDANT. THEY’VE KNOWN THESE NAMES ALL ALONG. THERE’S NO HARM, NO FOUL. KOAT LEGAL EXPERT JOHN DAY TELLING US AIKEN’S CHARGES ARE SERIOUS. IF HE IF KIM AIKEN, THE FORMER BASKETBALL PLAYER, IS FOUND GUILTY, HE’S FACING A NUMBER OF YEARS. IF HE’S CONVICTED ON ALL THE COUNTS AND SENTENCED ON
Former NMSU basketball player charged with felony sex crimes wants case tossed
“If Kim Aiken is found guilty, he’s facing a number of years if he’s convicted on all counts. This could be a really hefty sentence,” Day said
Updated: 7:36 PM MDT Aug 12, 2024
Video above: Former New Mexico State basketball player Kim Aiken Jr.’s attorney, Lara Smalls, filed a motion to “exclude or dismiss” his case without prejudice. A hearing on its motion was held in court on Monday, Aug. 12. Aiken is one of three former NMSU basketball players charged with multiple felony sex crimes in connection to hazing allegations in 2022. Third Judicial District Judge Conrad Perea promised a written order regarding today’s hearing. MORE: Former NMSU basketball players allege sexual assault in new lawsuit”This was a spin-off from the cases involving claims that New Mexico State basketball players were engaged in this sexually charged hazing, a battery of other players and raise the issues of what sort of oversight is there at New Mexico State and its athletic program,” KOAT legal expert John Day said.Related: Police report details NMSU hazing allegations”This defendant , one of the NMSU former basketball players, is asking the court to basically exclude witnesses who the prosecution in this case, the attorney general’s office, has listed because Kim Aiken and his lawyers say that these witnesses were named too late,” Day said.What is ‘dismissed without prejudice?”Dismissal without prejudice means for case to be retried at a later date”The court has issued a scheduling order which sets the time frame and time and deadlines for identifying witnesses and can make. His lawyers in this case are saying the attorney general’s office waited too long to provide these witness names,” Day said. “It’ll be up to a judge to say whether or not, these witnesses can testify. Attorney General’s Office has said, well, there’s no prejudice to the defendant. They’ve known these names all along. There’s no harm, no foul.” Stay updated on the latest news updates with the KOAT app. You can download it here.
Video above: Former New Mexico State basketball player Kim Aiken Jr.’s attorney, Lara Smalls, filed a motion to “exclude or dismiss” his case without prejudice. A hearing on its motion was held in court on Monday, Aug. 12.
Aiken is one of three former NMSU basketball players [Deshawndre Washington and Doctor Bradley] charged with multiple felony sex crimes in connection to hazing allegations in 2022. Third Judicial District Judge Conrad Perea promised a written order regarding today’s hearing.
MORE: Former NMSU basketball players allege sexual assault in new lawsuit
“This was a spin-off from the cases involving claims that New Mexico State basketball players were engaged in this sexually charged hazing, a battery of other players and raise the issues of what sort of oversight is there at New Mexico State and its athletic program,” KOAT legal expert John Day said.
Related: Police report details NMSU hazing allegations
“This defendant [Kim Aiken], one of the NMSU former basketball players, is asking the court to basically exclude witnesses who the prosecution in this case, the attorney general’s office, has listed because Kim Aiken and his lawyers say that these witnesses were named too late,” Day said.
What is ‘dismissed without prejudice?”
Dismissal without prejudice means for case to be retried at a later date
“The court has issued a scheduling order which sets the time frame and time and deadlines for identifying witnesses and can make. His lawyers in this case are saying the attorney general’s office waited too long to provide these witness names,” Day said. “It’ll be up to a judge to say whether or not, these witnesses can testify. Attorney General’s Office has said, well, there’s no prejudice to the defendant. They’ve known these names all along. There’s no harm, no foul.”
Stay updated on the latest news updates with the KOAT app. You can download it here.
