The New Mexico Court of Appeals on Wednesday reversed a murder conviction for an elderly Santa Fe man, siding with a defense attorney who argued prosecutors had violated Ben Noverto Martinez's due process rights during his jury trial in 2023.

Martinez had invoked his right to remain silent after the 2018 shooting, in which he was accused of killing his daughter's fiancé, 57-year-old Thomas Trujillo, at Martinez's home after a night of drinking.

His attorney, Stephen Aarons, argued prosecutors had questioned Martinez about his decision to remain silent about aspects of the case, essentially using his right against him.

Aarons said Wednesday Martinez was looking forward to getting another chance in court. "It was unfair during the trial, and we're looking forward to getting a fair trial,"

See Full Page