Judge, sanctioning prosecutors, releases accused rapist, voyeur pending trial - Albuquerque Journal

Judge, sanctioning prosecutors, releases accused rapist, voyeur pending trial

SANTA FE — A Santa Fe District Court judge has released a man accused of rape and voyeurism as a sanction against the Santa Fe District Attorney’s Office for not providing a search warrant affidavit to defense attorneys.

Redwolf Pope, 43, is charged with kidnapping with intent to commit a sexual offense, criminal sexual penetration and voyeurism for allegedly drugging a woman and having sex with her in a Santa Fe hotel room. He is also accused of using cameras to record guests at apartments in Santa Fe and Seattle.

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Redwolf Pope sits in a Santa Fe courtroom during a hearing Thursday. (Edmundo Carrillo/Journal)

Pope, a Native American activist and attorney, had been held in the Santa Fe County jail since last September, after Judge T. Glenn Ellington granted a prosecution motion to keep in custody until trial. Pope waived his right to have a hearing on that motion, court records show.

Brad Kerwin, Pope’s attorney, said in court Thursday that he never received a search warrant affidavit that was used to obtain digital evidence from an iPad that allegedly had photos and videos of Pope having sex with unconscious women.

Prosecutor Larissa Breen said Kerwin was provided with digital photos of the affidavit instead of paper copies.

Judge Mary Marlowe Sommer said the photos weren’t good enough and told Breen she was “disappointed that you would show me a picture of a search warrant on a table.”

“This is your case, and you need to prepare your case, and you have a duty to disclose,” the judge told Breen.

To sanction the state, Marlowe Sommer released Pope on a $2,500 unsecured appearance bond. Kerwin originally moved for the case to be dismissed or that the digital evidence to be suppressed, but Marlowe Sommer said those sanctions would be too strong.

Pope’s former attorney, Stephen Aarons had argued that his alleged victim was drunk, not under the influence of a date-rape drug, and had consensual sex with Pope. He also said Pope had a video camera in his bedroom to catch former roommates stealing his property.

Pope told Marlowe Sommer that he’ll live with his girlfriend in Albuquerque until trial. He has been described as a liaison for elders, veterans and legal representatives during the 2016 North Dakota oil pipeline protests and had delivered a TEDx Talk in Seattle about the protests.

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