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NM Supreme Court grants stay on the eve of trial.

On the eve of a scheduled five-day jury trial, the New Mexico Supreme Court granted a stay in the trial of former New Mexico State University men's basketball player Deshawndre Washington.

Washington faces multiple felony sexual assault charges for allegedly assaulting former teammates and student managers during the 2022-2023 basketball season. Washington faces up to 45 years in prison if convicted on all charges.

The five-day jury trial was scheduled to begin on April 14, 2025, but four days before the trial was set to begin, Albuquerque-based attorney Scott Davidson filed an emergency petition for writ of superintending control and a request for stay with the New Mexico Supreme Court, on Washington's behalf. Third Judicial District Judge Conrad Perea, who has presided over the case, is named as the respondent.

The day after the writ was filed, four of the five state justices concurred, according to the court's order that was issued on April 11, 2025. The court ordered that a response by Perea should be filed on or before April 15, 2025.

What did the emergency writ say?

The Supreme Court's ruling represents the third time the trial has been delayed.

Davidson asked the Supreme Court to order Perea to reinstate Washington's primary attorney, Houston-based attorney David Mestemaker, as well as rescinding Perea's March 27, 2025 order that denied a motion to continue the trial by local defense attorney Michael Cain.

"If convicted, it would cause irreparable harm to Mr. Washington, ruining his reputation and professional career prospects, while unjustly depriving him of liberty," the writ read. "There is no plain, speedy or adequate remedy other than a writ of superintending control to prevent this miscarriage of justice."

In a March 10, 2025 order, Perea partially granted a motion by the Attorney General's office that disqualified Mestemaker. The state's motion was filed after Mestemaker and Cain held a press conference for local television stations on Feb. 17, 2025.

Mestemaker joined the case in June 2024 and is not licensed to practice law in New Mexico, according to court records. During the press conference, Mestemaker made comments that "are more likely than not to have a prejudicial effect on a proceeding," according to Perea's order.

Cain then filed multiple motions to reconsider and continue the trial - with the latest filed on April 9, 2025 and argued by Cain during a status conference the same day.

Perea again denied Cain's motion to continue the trial, stating Cain has been involved in the case since June 2024, the case has already been continued twice and that an additional continuance would push the trial outside of the 455-day timeline for trial since Washington was arraigned on Nov. 29, 2023.

Additionally, special jury questionnaires have been completed and reviewed by both sides and prospective jurors have been summoned for appearance on April 14, 2025 at 9 a.m.

The writ filed in the state's Supreme Court disputes Perea's interpretation of the deadline to hold trial, or local rule, LR3-303, which mandates a case management pilot program for the 3rd Judicial District. The writ argued that when the state amended the indictment on Jan. 29, 2025 to include an additional victim and two more charges, Washington was arraigned for the additional charges on Feb. 17, 2025. The writ argues that as a result, the deadline to hold trial moved to May 27, 2026.

Washington denied right to counsel of his choice, defense argues

Washington appeared virtually during the April 9, 2025 hearing. He is currently playing basketball in Dubai, but is expected to appear for trial and was listed among the witness list for the defense.

Perea said he would abide if the Supreme Court granted the motion.

"Otherwise we are going on Monday," Perea said. "We need trial for many reasons."

But Perea seemed to agree with New Mexico Department of Justice prosecutor, John Duran, that such a motion should have been filed in response to Perea's order on March 10, 2025, rather than days prior to trial. Additionally, Duran argued that since Mestemaker joined the case in December 2024, his involvement was limited regarding pretrial interviews.

"Nothing has been done, except by you, sir," Perea said to Cain during the April 9 status hearing. "Mr. Mestemaker has not used his resources and has not been involved. You sir, have been."

Cain repeatedly told Perea his role was to assist Mestemaker, who has available resources to provide Washington's defense. Cain argued the delay was due to responding to the state's motion to disqualify Mestemaker. According to the writ, even if Mestemaker is reinstated, he is currently slated for a trial in Texas that begins on April 15, 2025, making a continuance necessary.

"Mr. Cain is not prepared to go to trial as lead counsel on April 14, 2025," the writ read. "Since the removal of Mr. Mestemaker on March 10, 2025, Mr. Cain has not only been tasked with hurriedly preparing to be lead counsel on Mr. Washington's case, but has also been forced to respond to the prosecutor's disciplinary board complaint against Mr. Cain on Feb. 20, 205. Mr. Cain has repeatedly informed (Perea) that he is not ready for trial."