State Supreme Court grants stay in trial of former NMSU Aggie basketball player

CORRECTION: An earlier version of this story incorrectly stated the New Mexico Supreme Court "agreed" with a motion filed in the case rather than just ordering the trial be delayed until that motion is considered.

The long-awaited felony sexual assault trial for a former New Mexico State University basketball player will not start on Monday.

The New Mexico Supreme Court on Saturday afternoon granted a stay in the trial of Deshawndre Washington, the former Aggie who was one of three players indicted by a grand jury in November on various felony charges including rape and false imprisonment of teammates in the 2022-23 season.

Washington — who is accused of a range of crimes from hazing to acts sexual in nature — on Monday filed an emergency petition for a stay. In it, he argues that his attorney Michael Cain, who had attempted to withdrawal as counsel in the case, was never hired by or chosen by Washington to represent him.

“Mr. Washington has repeatedly indicated that Mr. Cain is not his counsel of choice,” stated the petition written by Albuquerque-based attorney Scott M. Davidson on behalf of Washington. “Respondent’s persistent refusal to allow Mr. Washington to be represented by counsel of choice is structural error, and a violation of both the Sixth Amendment and Article II, Section 14 of the New Mexico Constitution.”

The Supreme Court, while making not making any determination on the underlying legal question raised in the order, did state on Saturday that Washington’s case is “hereby stayed until further notice of the Court."

Both sides will have to present before the Court on the matter before the case can proceed.

This is the fourth time the would-be trial for Washington has been delayed.

The other two defendants initially indicted in the case — former Aggies Doctor Bradley, now playing at Bethune-Cookman, and Kim Aiken — have both accepted plea deals and face lesser charges, including an opportunity to avoid jail time, pending cooperation in the Washington case.

Washington faces up to 45 years in prison if convicted on all charges.