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Yahoo
09-07-2025
- Yahoo
Former Albuquerque firefighters acquitted in high-profile 2023 rape case
Jul. 8—Jurors acquitted two former Albuquerque firefighters Tuesday in a trial that hinged on the testimony of a woman who accused the men of raping her in 2023. Aden Heyman, 48, and Anthony Martin, 46, wept and hugged supporters and family members after a judge read verdicts finding both men not guilty on all counts. The 2nd Judicial District Court jury of four men and eight women deliberated only two hours following a trial that began June 23. The verdicts end a high-profile case that rocked the city in July 2023 when a woman told police she was raped by three former Albuquerque Fire and Rescue personnel following a charity golf tournament. The third former firefighter, Angel Portillo, 33, remains charged with three counts of criminal sexual penetration for his role in the incident. No trial has been scheduled in Portillo's case. Both defense and prosecution attorneys told jurors Tuesday that they needed to base their verdicts on the credibility of the alleged victim. "Testimony is evidence," Assistant District Attorney Crystal Cabrido told jurors. "There is no objective test for rape. At the end of the day, it all comes down to testimony." The alleged victim testified during the first two days of trial, describing how she drank alcohol until she blacked out, then found herself in Martin's dark bedroom where two of the men raped her. The woman told jurors she ran to a downstairs bathroom and fled the apartment through a bathroom window. Prosecutors argued that the woman had no incentive to lie about the encounter. Cabrido said the woman trusted the men "because they were firefighters and colleagues of her sister" who was a ranking member of Albuquerque Fire and Rescue. "Do you really believe that she's lying to you all?" Cabrito said of the woman's testimony. Defense attorneys told jurors on Tuesday that lying is indeed what the woman had done. "Consenting adults made a decision to have sex together, and then they did," Heyman's attorney, Jason Bowles, said in closing arguments. "She made a voluntary choice to have an encounter with those men." Bowles argued that she immediately regretted her decision to have sex with the men. "She didn't want this to get out to her boyfriend or around the fire department," he said. Bowles told jurors that the woman lied about her interaction with a nurse that performed the rape examination three days after the incident. "She walked into this courtroom and she looked you all in the eye and she lied to you," Bowles said in closing arguments. "When a witness who is a main complaining witness comes in and lies to you, that's really the end of the case. You cannot convict (Heyman) or Mr. Martin if you do not believe her." DNA evidence is irrelevant because Heyman admitted in his testimony that he and Portillo each had consensual sex with the woman, Bowles said. Jurors acquitted Heyman on two counts of criminal sexual penetration. Judge Britt Baca made the jury's job somewhat easier this week when she tossed the most serious charges against Martin of three counts of criminal sexual penetration. Jurors acquitted him of the last remaining charge of attempted criminal sexual penetration. Prosecutors alleged that the woman drank alcohol and eventually "blacked out" during a pool party at Martin's apartment complex following a charity golf tournament on July 15, 2023. "At some point at the pool she blacks out and at this point forward she only has flashes of memory," Cabrido said. She regained consciousness in Martin's bedroom and found the men raping her, she said. "She wakes up upstairs, no idea how she got there," Cabrido said. All three men were naked in the bedroom and Heyman was giving instructions to Portillo, she told jurors. The woman testified on June 23 that when she regained consciousness, she found Portillo having sexual intercourse with her and holding her hands above her shoulders. "Aden's voice was giving instructions," Cabrido told jurors. "For example, he was saying 'she likes it like that'," she said. Then Heyman took over and had "aggressive sexual intercourse" with her, Cabrido said. Cabrido said the three men knew the woman was blacked out. "These three men were working together," Cabrido said. Heyman is an Emergency Medical Technician and was trained to evaluate a person's state of mind, she said. "He should have known that she was intoxicated and unable to consent that night," Cabrido told jurors. Defense attorneys argued that the woman refused to take a blood test following the incident and delayed submitting to a rape examination until three days later. Bowles also argued that the woman lied about her interaction with the nurse who performed the rape examination. The woman testified that the nurse advised her not to provide a rape-kit examination, Bowles said. That testimony contradicted the nurse's testimony that the woman was concerned about cannabis showing up in the test results.
Yahoo
28-06-2025
- Yahoo
Rape trial for former ABQ firefighters back on track after Supreme Court pause
Jun. 27—The trial of two former Albuquerque firefighters accused of raping a woman in 2023 appeared back on track Friday after the New Mexico Supreme Court lifted a stay that paused the proceeding for three days. The Supreme Court issued the order lifting the stay less than two hours after 2nd Judicial District Judge Britt Baca convened the jury briefly on Friday morning before releasing them for the day. Justices paused the trial Wednesday after a single day of testimony in response to an emergency petition filed June 18 by defense attorneys. Testimony began Tuesday in the trial of Aden Heyman, 48, and Anthony Martin, 46, who are each charged with three counts of criminal sexual penetration for allegedly raping a woman at an Albuquerque apartment complex. The trial had been scheduled through Friday. Attorneys for Heyman and Martin said they expect the trial to resume Monday. "We appreciate the (Supreme Court) review, and I'm looking forward to presenting the rest of our case to the jury next week," said Martin's attorney, Ben Ortega. "This is a case that I have wanted to get in front of a jury for a long time now," since he took the case two years ago, he said. The third former firefighter, Angel Portillo, 33, also is charged with three counts of criminal sexual penetration for his role in the incident. No trial has been scheduled in Portillo's case. Attorneys for Heyman, Martin and Portillo filed an emergency petition June 18 alleging that prosecutors mishandled the grand jury process and asking justices to toss the indictments. Heyman's attorney, Jason Bowles, said this week that the 2nd Judicial District Attorney's Office failed to instruct the grand jury to consider the guilt or innocence of each defendant individually. A grand jury is a panel of 12 citizens who have authority under New Mexico law to indict someone on criminal charges following a presentation of evidence and testimony. Judge Baca on June 16 rejected a motion from defense attorneys to toss the September 2023 grand jury indictments based on similar issues raised in the petition. But on Friday, justices unanimously rejected the emergency petition without explanation and lifted the stay, allowing the trial to move forward. Prosecutors allege the men plied the woman with alcohol and raped her after one of the men invited her to his apartment complex for drinks and a swim after a charity golf tournament on July 15, 2023. Defense attorneys told jurors this week that the encounter was consensual and that the woman became sexually aggressive with all three of the men while the group was drinking around the pool at the Villas apartment complex in the 600 block of Menaul NE.
Yahoo
26-06-2025
- Yahoo
High court pauses trial of former firefighters charged in alleged rape
Jun. 25—A judge on Wednesday paused the trial of two former firefighters accused of raping a woman in 2023 after the New Mexico Supreme Court agreed to consider issues raised by defense attorneys. Justices ordered a stay late Tuesday in response to an emergency petition filed last week by three men charged in the case, alleging mishandling of the grand jury process. The Supreme Court ordered the 2nd Judicial District Attorney's Office to file a response to the emergency petition no later than noon Thursday. "We are responding in accordance with the court's request," a spokeswoman for the 2nd Judicial District Attorney's Office said in a statement Wednesday. The DA's office offered no additional comment. The Supreme Court also ordered that the lower court judge not consider a motion for a mistrial based on the stay. Testimony began Tuesday in the trials of Aden Heyman, 48, and Anthony Martin, 46, who are each charged with three counts of criminal sexual penetration for allegedly raping a woman at an Albuquerque apartment complex. The 2nd Judicial District Court trial was scheduled to continue through Friday. The third former firefighter, Angel Portillo, 33, also is charged with three counts of criminal sexual penetration for his role in the incident. No trial has been scheduled in Portillo's case. Attorneys for Heyman, Martin and Portillo filed an emergency petition June 18 alleging that prosecutors improperly handled the grand jury process that led to the criminal charges. In particular, the petition argued that the grand jury was not instructed "to consider the guilt of each person individually" for each of the three men accused in the case. Judge Britt Baca on June 16 rejected a motion from defense attorneys to toss the September 2023 grand jury indictment based on similar issues raised in the emergency petition. The petition also alleged that the only witness who testified before the grand jury was the lead detective in the case, who was allowed to testify about the alleged victim "blacking out without any foundation provided for her opinions." The three former firefighters are charged with raping a woman who was invited to a pool party following a charity golf tournament. A prosecutor told jurors on Tuesday that the three men plied the woman with alcohol until she "blacked out completely at the pool" immediately prior to the alleged attack. The woman woke up pinned to a bed in a dark room and realized she was being raped, Assistant District Attorney Crystal Cabrido told jurors. Attorneys for Heyman and Martin said in opening statements Tuesday that the sexual encounter was consensual and questioned whether the woman ever lost consciousness.
Yahoo
25-06-2025
- Yahoo
New Mexico Supreme Court orders a pause in the trial for two former firefighters accused of rape
ALBUQUERQUE, N.M. (KRQE) – The rape trial against two former Albuquerque firefighters was scheduled to last all week, but has now been put on pause while the New Mexico Supreme Court determines whether the charges against them are valid. Aden Heyman and Anthony Martin are accused of sexually abusing a woman while off duty at a party. Story continues below Trending: Consulting company hired to create plan to redevelop New Mexico State Fairgrounds KRQE Investigates: Former APD officer tied to DWI scandal now working in Durango KRQE Investigates: 'DWI King' cashing in while his cases crumble Entertainment: Why is New Mexico a Netflix production hub? Investigators said Heyman, Martin and another former firefighter, Angel Portillo, took turns raping the woman in Martin's home before she escaped out of a window. Wednesday morning, Judge Britt Baca informed the court about the supreme court's decision. The jury has been put in recess until Friday, but as of now there is no mistrial. The supreme court is reviewing a claim by the defense, alleging the grand jury that indicted the defendants, did so based on flawed instructions by the state. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
