SANTA FE — A Santa Fe Magistrate Court judge ruled Wednesday that a man accused of rape in both Santa Fe and Washington state will be held in jail until his case here is resolved, despite a higher court’s order to release him on house arrest.
Redwolf Pope, 43, is facing counts of kidnapping with intent to commit a sexual offense, criminal sexual penetration and voyeurism for allegedly drugging and raping a woman in a Santa Fe hotel room and for filming visitors with hidden cameras in his Santa Fe apartment.
Pope has been held in the Santa Fe County jail since charges were filed against him in September 2018. The rape and voyeurism case is being tried in state District Court.
But last month, District Court Judge Mary Marlowe Sommer ordered that he be released on house arrest as a sanction against the District Attorney’s Office for not providing an adequate copy of a search warrant affidavit to a defense lawyer. The DA’s office had provided photos of the affidavit instead of a paper copy.
But Pope was also being held in on an extradition warrant, in the lower-level Santa Fe County Magistrate Court, for the rape charges he faces in Washington state.
At a hearing Wednesday morning before Magistrate Judge David Segura, Chief Deputy District Attorney Jennifer Padgett Macias cited laws that say a defendant must be held in custody pending extradition. Segura agreed and said he does not have the jurisdiction to release Pope.
“The court will continue to hold Mr. Pope on the District Court case until the matter is resolved,” Segura said.
Santa Fe police have obtained data from an iPad that allegedly contains photos of Pope having sex with unconscious women. Pope’s attorney, Brad Kerwin, argued at a motion hearing last month that he never received a copy of the police affidavit that was filed to obtain the search warrant used to retrieve data from the iPad.
Prosecutor Larissa Breen told Marlowe Sommer that Kerwin was sent photos of the search warrant affidavit, but the judge said that wasn’t good enough and imposed a sanction on the district attorney’s office for violating pre-trial discovery rules. She gave Kerwin the option of imposing a monetary sanction on the DA’s office or releasing Pope as a sanction.
Kerwin chose release and Marlowe Sommer imposed house arrest on electronic monitoring and a $2,500 unsecured appearance bond.
Prosecutor Breen filed a motion for Marlowe Sommer to reconsider the ruling, arguing that if Pope was extradited to Washington upon release from jail, that would complicate the case in New Mexico. Marlowe Sommer denied the motion, noting that a previous order from Segura says Pope will not be extradited until after his New Mexico case is resolved.