LAS CRUCES, N.M. (KTSM) – Former New Mexico State men’s basketball player Kim Aiken Jr. pleaded not guilty to 11 felony charges at his rescheduled arraignment on Monday morning in Dona Ana County Third District Court.
Co-defendants and former NMSU teammates Doctor Bradley and Deshawndre Washington were also in court on the same day as Aiken Jr. for their status conferences. They were arraigned in November, pleading not guilty to 13 felonies.
At the status hearings, Judge Conrad F. Perea ruled that all three men will be taken to trial together and granted a track three trial designation at the request of the defense. Track three means that the trial must begin within 455 days after the initial arraignment date of Nov. 22.
Perea granted the track three designation because lawyers for all three defendants argued the amount of evidence in discovery was too large to look through in a shorter period of time. The state interviewed over 40 people as part of its investigation.
John Duran, an attorney with the Attorney General’s office, requested a track two designation, which is 300 days, instead of 455. Duran argued that since the state’s case is built almost exclusively on witness testimony and very little on scientific, forensic evidence, a track two assignment was the state’s preference.
Despite that, Judge Perea granted the track three designation. When the case goes to trial, it will be a 10-day trial, per the determination of the court on Monday.
“As was stated on the record, the AG has had this case for by their statement at least six months in making the determination to bring this to Grand Jury. I think the track three assignment is appropriate, giving defense counsel ample time to prepare and analyze this case,” said Lara Smalls, an attorney for Aiken Jr.
Aiken Jr.’s arraignment was rescheduled from Nov. 22, after he did not show up to the original court date because he’s playing professional basketball in Luxembourg and couldn’t return to Las Cruces in time. Last week, a judge quashed a $20,000 bench warrant for his arrest that was initially issued because he didn’t show up for the initial arraignment.
Perea told Aiken Jr. that as part of the conditions for his release, he can travel abroad for work purposes only, meaning that he will be allowed to travel back to Luxembourg to continuing working and playing basketball for his professional team there.
Aiken Jr. is charged with 11 felonies, including second degree criminal sexual penetration and multiple counts of false imprisonment, pertaining to hazing and sexual assault allegations levied against him and two other former NMSU players by multiple former Aggie teammates during the 2022-23 season.
The two other former players charged in the case – Doctor Bradley and Deshawndre Washington – were also in court on Monday for status hearings, their second appearances in Dona Ana Third District Court after both pleaded not guilty on 13 felony counts on Nov. 22. Like Aiken, Bradley and Washington’s charges include second degree criminal penetration and multiple counts of false imprisonment.
Washington’s attorney asked the court for him to also be allowed to travel out of the country for work purposes, like Aiken. Duran told the court that he was fine with Washington going to work and play basketball outside of the country, if an offer was presented to Washington to do so.
Washington’s attorney told the court that he has had offers from teams in Mexico and Spain to go play overseas. Judge Perea and Duran both asked Washington’s lawyer to alert the court when he has an official offer to play and they would review it. Duran requested that Washington only be granted the opportunity to play and work in countries with extradition.
“Even though there is probable cause to believe that they committed these offenses, they’re still presumed innocent until proven guilty and so the conditions of release I don’t think are unreasonable to ensure that they’re present and that they don’t commit any new violations which is really what we’re looking for until we get them convicted,” Duran said.
Like Aiken Jr., Bradley and Washington are required by the court to appear in person for any future court dates, per the conditions of their release at their arraignments in November. Bradley is currently living in Los Angeles and Washington is in Chicago.
At their arraignments in November, Bradley and Washington also signed waivers of extradition, meaning they must return to New Mexico for any future court dates if it is requested of them. If they do not appear in person for future court dates, New Mexico Assistant Attorney General John Duran said bench warrants would be issues for their arrests, too.
The charges against Bradley and Washington, if convicted, carry a maximum sentence of 27 years in prison, along with a $25,000 fine; for Aiken, a maximum sentence would be 24 years in prison, with a $25,000 fine, if convicted. The count of second degree criminal sexual penetration also carries with it the requirement to register as a sex offender, according to the Attorney General.
If no motions are filed by either side, it could be nearly a year before Aiken Jr., Bradley and Washington have another court date.
Read: Read More