Former New Mexico State basketball players will face jury trial in 2024
Three former New Mexico State men's basketball players will be tried on multiple felony sexual assault charges each in October of 2024.
Kim Aiken Jr., Deshawndre Washington and Doctor Bradley appeared in a Las Cruces court on Monday. Aiken Jr., 24, pleaded not guilty before 3rd Judicial District Judge Conrad Perea. Washington and Bradley pleaded not guilty at an arraignment hearing last month.
Following an investigation by the office of the New Mexico Attorney General, all three men were charged with multiple felonies on Nov. 9. Washington and Bradley face a possible jail sentence of up to 27 years, and Aiken faces up to 24 years of prison time if convicted. According to court records, the incidents occurred between August and November 2022 when all three men were members of the New Mexico State men's basketball team.
Following Aiken's arraignment on Monday, Perea heard arguments on setting the trial date from defense attorneys and Assistant Attorney General John Duran who is prosecuting all three men.
A 10-day trial date of Oct. 21, 2024 was set, according to court records.
Perea determined the trial would be scheduled within 455 days of the Nov. 22 arraignment of Washington and Bradley.
This summer, New Mexico Supreme Court issued order LR3-303 which mandates a case management pilot program for the 3rd Judicial District that was modeled after the Second Judicial District in Albuquerque that was implemented in 2015.
As the case involves witness testimony (the state has submitted a list of 10 witnesses) and not forensic evidence Duran argued for a Track 2 schedule which would require a jury trial within 300 days of the November arraignment. Defense attorneys for the three men argued for Track 3, which would set a trial within 455 days of arraignment.
"We are pleased with the Track 3 case assignment," said Aiken's public defender, Lara Smalls. "I think that gives us the time we need to fully investigate a case of this magnitude. It just has a lot of discovery involved."
Attorneys for Washington and Bradley made similar arguments, citing the number of witnesses that were interviewed during a completed Office of Institutional Equity investigation conducted by NMSU.
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Perea said he was initially leaning toward Track 2 as the cases for all three defendants are joined, but ultimately determined the Track 3 schedule because there are three cases with three defendants and three defense attorneys.
"I was asking for a Track 2 based on my assessment of the complexity of the case," Duran said. "This is really not that complicated of a case.
"For purposes of a speedy trial analysis, I think the court has declared this is essentially a complex case and given the fact it is a complex case, it's going to require over 400 days to get it to trial. I understand and I take that. I don't necessarily agree, but the judge made the ruling and I respect it."
A pre-trial conference is scheduled for Sept. 9, 2024, according to court records.
More: Three former New Mexico State basketball players found to have violated school Title IX policy
Kim Aiken pleaded not guilty in first court appearance
Aiken was not present when the other two men were arraigned last month. Aiken was in Europe where he plays professional basketball in Luxembourg. As a result of his absence, a bench warrant and $20,000 secured bond was ordered by 3rd Judicial District Judge Douglas Driggers. Aiken's attorney filed a motion to quash the bench warrant, which was granted last week by Perea.
"Mr. Aiken is in no way trying to avoid these charges," Smalls said last month. "He is seeking justice in this matter."
Aiken pleaded not guilty on Monday and is allowed to travel abroad for work purposes only, according to his conditions of release.
Aiken agreed to a waiver of extradition. Like the other two men, Aiken must abide by a list of conditions for release, which includes avoiding contact with co-defendants and alleged victims. If he fails to appear or violates his release conditions, the court will charge him $7,500 and arrest him.
More: Former NMSU basketball players charged with sexual assault
Washington will be able to pursue foreign pro basketball opportunities
As a result of his conditions of release, Washington was allowed to return to Chicago, Illinois, where he resides.
According to Washington's attorney, Matt Madrid, Washington has an interest in pursuing professional basketball opportunities abroad, including Mexico and Spain.
The court, as well as Duran, were not opposed to changing Washington's conditions of release to allow him to travel for work once Washington is formally employed, depending on the country's extradition agreement with the U.S.
The charges against Washington, Aiken and Bradley
Washington was charged with five counts of false imprisonment, five counts of criminal sexual contact in the fourth degree (aided or abetted by another), one count of conspiracy to commit criminal sexual contact (aided by another), and one count of conspiracy to commit false imprisonment.
Bradley was charged with five counts of false imprisonment, five counts of criminal sexual contact in the fourth degree (aided or abetted by another) one count of conspiracy to commit criminal sexual contact in the fourth degree (Aided by another), and one count of conspiracy to commit false imprisonment.
Aiken was charged with four counts of false imprisonment, four counts of criminal sexual contact in the fourth degree (aided or abetted by another) and one count of conspiracy to commit sexual contact in the fourth degree (aided by another) and one count of conspiracy to commit false imprisonment.
The criminal sexual penetration charge is a second-degree felony and occurred between Nov. 12 and Nov. 13, 2022. Aiken, Bradley, and Washington are accused of "unlawfully and intentionally cause the penetration, to any extent and with any object, of the genital or anal openings of another, by the use of force or coercion," according to the grand jury indictment.
Aiken, Washington, and Bradley were named as defendants in a lawsuit alleging negligence, loss of consortium — or familial relation impacts — sexual assault, battery, and false imprisonment filed by former New Mexico State men's basketball players Deuce Benjamin, his father William Benjamin, and former player Shakiru Odunewu against the university, coaches and former teammates. That lawsuit was settled settled for $8 million in June.
The three men are among the defendants named in an ongoing lawsuit where former teammate, Kyle Feit, along with another former player and former student manager who did not want to be identified, allege sexual assault, battery, and false imprisonment claims.
Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X, formerly Twitter, @jpgroves.
This article originally appeared on Las Cruces Sun-News: Jury trial for former NMSU basketball players is scheduled for 2024
