EL PASO, Texas (KTSM) — Former New Mexico State men’s basketball player Deshawndre Washington’s jury trial — that was scheduled to begin Monday, April 14 — has been delayed for a third time.
Washington faces trial for allegedly sexually assaulting teammates and student managers during New Mexico State men’s basketball’s 2022-23 season. He faces 15 charges and up to 45 years in prison if convicted on all charges.
Friday, the Supreme Court of New Mexico granted an emergency stay in the trial of Washington.
The New Mexico Supreme Court’s ruling came a day after Albuquerque-based attorney Scott M. Davidson filed an emergency verified petition for writ of superintending control and emergency request for stay for Washington’s trial.
On the writ petition filed Thursday, it said Davidson is “counsel for Deshawndre Washington.” Third Judicial District Court Judge Conrad Perea, who has been the judge for the trial, is listed as the respondent.
The NM Supreme Court ordered that a response shall be timely if filed on or before April 15, 2025.
“An emergency writ of superintending control is needed to prevent the disastrous combined effect of (Perea’s) disqualification of Mr. Washington’s counsel of choice and (Perea’s) refusal to continue the premature trial setting of April 14, 2025.” the writ petition read.
In the writ petition filed Thursday, Davidson asked the New Mexico Supreme Court to order Perea to rescind the March 10 order that disqualified “Mr. Washington’s counsel of choice, David Mestemaker, from representing him at trial.”
Last month, Perea granted the State of New Mexico’s motion to disqualify Mestemaker.
Mestemaker spoke at a press conference on Feb. 17, and according to Perea’s order the court found that Mestemaker “made statements during the press conference, which are more likely than not to have a prejudicial effect on a proceeding, particularly a proceeding involving a criminal matter that is triable by a jury and has the potential of resulting in incarceration.”
Mestemaker assumed the role of lead counsel for Washington in December 2024. Mestemaker is licensed to practice law in Texas, but not in New Mexico.
The disqualification of Mestemaker led to Michael Cain, Washington’s local attorney, assuming the role of lead counsel. “Mr. Cain is not prepared to go to trial as lead counsel on April 14, 2025.” the writ petition read.
“Since the removal of Mr. Mestemaker, Mr. Cain has not only been tasked with hurriedly preparing to be lead counsel on Mr. Washington’s case. Mr. Cain has repeatedly informed (Perea) that he is not ready for trial.” the writ petition read.
That led to Cain filing multiple motions for reconsideration of the order on motion for disqualification and to continue the trial. Perea denied Cain’s motions.
The writ petition filed by Davidson also asked the New Mexico Supreme Court to order Perea to rescind the March 27 order denying Washington’s motion to continue the trial set for April 14.
The writ petition also argued that the State of New Mexico “amended Washington’s indictment on January 29, 2025, changing the dates on eleven of the original thirteen charges, adding two new felonies, and added a new alleged victim.”
“Mr. Washington was arraigned on the new indictment February 17, 2025. Under LR3-303(M), as a Track 3 case, his trial must occur no later than May 27, 2026, barring an exception under Rule LR3-303 justifying a continuance beyond that date.” the writ petition read.
Read: Read More