Judge tosses charges against a former ABQ firefighter in rape trial

A judge threw out the most serious charges facing one of two former Albuquerque firefighters on trial for a 2023 rape but will allow jurors to consider a lesser charge in the case.

Judge Britt Baca came close to tossing all charges against Anthony Martin, 46, on Monday but agreed with a request from prosecutors to let jurors weigh a lesser charge against him of attempted sexual criminal penetration.

Testimony began June 23 in the trial of Martin and Aden Heyman, 48, who each were initially charged with three counts of criminal sexual penetration for allegedly raping a woman at an Albuquerque apartment complex.

The third former Albuquerque Fire and Rescue 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.

Prosecutors allege the men plied the woman with alcohol and raped her after Martin invited her to his apartment complex for drinks and a swim after a charity golf tournament on July 15, 2023.

Heyman testified in his own defense on Monday, telling jurors that he and Portillo had consensual sex with the woman at her invitation.

“I asked her if she wanted to have sex with all three of us and she said ‘yes,’” Heyman told jurors.

Heyman said the woman didn’t appear intoxicated and never blacked out as prosecutors allege. She spoke “quite clearly, no slurring, no stumbling,” he said.

Heyman remains charged with two counts of criminal sexual penetration, both second-degree felonies.

Closing arguments are expected to begin Tuesday in the 2nd Judicial District Court trial.

Heyman’s attorney, Jason Bowles, showed jurors a photo of Heyman and the woman kissing beside the pool at Martin’s apartment complex. Heyman said the woman staged the photo to prank her sister, who had a senior position in Albuquerque Fire and Rescue.

“She wanted to mess with her sister and I did oblige,” Heyman testified. “We discussed it and I obliged to kiss her.”

Prosecutors on Thursday dismissed Martin’s first count of criminal sexual penetration resulting in personal injury, a second-degree felony.

Assistant District Attorney Lisa Roybal said Tuesday that prosecutors dismissed the charge for lack of evidence at the conclusion of the state’s case.

Then Judge Baca granted a motion to dismiss two other counts against Martin of criminal sexual penetration, aided or abetted by another, also for lack of evidence.

However, Baca agreed to allow jurors to consider a lesser charge of attempted sexual criminal penetration.

Martin’s attorney, Ben Ortega, said that the lesser charge has a potential maximum sentence of 18 months in prison, compared with up to nine years for the charge that was dismissed.