Copyright © 2019 Albuquerque Journal
SANTA FE – A suspected rapist and voyeur whom a Santa Fe district judge ordered to be released on house arrest last week was still in jail as of Wednesday, under an extradition hold in Magistrate Court.
Judge Mary Marlowe Sommer ordered the release of Redwolf Pope, 43, last week as a sanction against the District Attorney’s Office in Santa Fe for not providing an adequate copy of a search warrant affidavit to Pope’s defense attorney.
Pope is also facing two rape counts in Washington state, according to court documents.
In Santa Fe, Pope is charged with kidnapping with intent to commit a sexual offense, criminal sexual penetration and voyeurism for allegedly drugging a woman and raping her in a hotel room. He also allegedly used cameras to record people in his Santa Fe apartment.
At a motion hearing Sept. 26, Marlowe Sommer found that the District Attorney’s Office violated discovery rules by not providing the defense a paper copy of a search warrant affidavit seeking inspection of an iPad that allegedly has photos of Pope having sex with unconscious women. Prosecutors instead provided photos of the affidavit.
The judge asked defense attorney Brad Kerwin whether he would like her to impose a monetary sanction on the DA’s Office or whether he would like Pope to be released as a sanction.
Kerwin asked for release, so Marlowe Sommer ordered Pope to be on house arrest in Albuquerque under a $2,500 unsecured appearance bond.
But Kerwin says a Dec. 27 extradition order by Magistrate Judge David Segura will keep Pope in jail, at least for now, while the extradition is handled.
Segura’s order says Washington authorities shall take custody of Pope “not later than 20 days after the conclusion of pending charges in the state of New Mexico.”
Pope has a status hearing scheduled in Magistrate Court next Wednesday, when whether he should be released as per Marlowe Sommer’s order – her District Court is higher than Magistrate Court – will likely be addressed.
Prosecutor Larissa Breen recently filed a motion for Marlowe Sommer to reconsider her ruling to release Pope because having him in custody in Seattle if extradited would complicate the case in Santa Fe. Breen asked for a fine if there was to be a sanction against prosecutors.
At a court hearing Wednesday, Marlowe Sommer pointed out to Breen that Segura’s order in Magistrate says Pope can only be extradited after the conclusion of the Santa Fe case and denied the motion for reconsideration of her sanction.