Justices grant emergency stay in Deshawndre Washington case — defense says district judge refused to let local attorney withdraw and blocked time for new counsel to prepare

Damien Willis, Organ Mountain News

LAS CRUCES - The New Mexico Supreme Court on Saturday paused the criminal trial of former New Mexico State University basketball player Deshawndre Washington and set a fast briefing schedule, saying the case will remain on hold until further order of the court.

In a two-page order filed early Saturday afternoon and reviewed by Organ Mountain News, the justices granted Washington’s emergency request and ordered the respondent side (including the State’s attorneys and Judge Perea) to respond by Oct. 31. The underlying district-court case is now frozen while the high court decides what to do next.

What Washington argues

Washington asked the Supreme Court to step in under its supervisory powers, saying his trial judge, Third Judicial District Judge Conrad Perea, committed constitutional error by refusing to do two things:

• Let attorney Michael Cain withdraw. Cain told the court he was hired only as local counsel and is not prepared to take the case to trial. He also told the judge he has an ethical conflict that prevents him from continuing.
• Grant time for a replacement lawyer to get up to speed. Washington says he has identified a New Mexico-licensed attorney willing to take the case, but that lawyer cannot appear while Cain remains on the case and there is no time to prepare.

The petition says Cain has tried to withdraw five times since late 2024 and that the state has opposed those efforts. Washington argues the judge’s rulings effectively deny him his Sixth Amendment right to counsel of choice — a type of constitutional error that higher courts call “structural,” meaning it cannot be brushed aside as harmless.

What the stay means

A stay does not decide who is right. It simply halts the district-court proceedings while the Supreme Court reviews the dispute. The justices can later deny the petition and let the case resume, or they can issue orders that change how the case moves forward — for example, directing the judge to allow a withdrawal and to set a new schedule.

How we got here

• Charges and case posture: Washington was first indicted in November 2023 and now faces multiple felonies tied to a hazing and sexual assault scandal involving NMSU men’s basketball during the 2022-23 season. Two other former players — Doctor Bradley and Kim Aiken Jr — took plea deals and agreed to testify.
• Trial dates: The case has been reset several times. After the Supreme Court stayed a spring trial date in April, the district court scheduled jury selection to begin Oct. 20, 2025.
• Lawyer dispute: Washington says Cain was brought in only as local counsel when out-of-state lawyers planned to lead his defense. Those arrangements fell apart. Cain has told the judge he lacks the resources to try the case and has an ethical conflict he cannot describe on the record because of privilege. Judge Perea denied each withdrawal request and kept the October setting.

What each side is likely to say next

• Washington: Forcing trial with a lawyer he did not choose — and who says he cannot ethically proceed — would violate the Constitution and all but guarantee a reversal on appeal. He asks for about 120 days to let new counsel prepare.
• State of New Mexico: Prosecutors have argued against further delay and opposed Cain’s withdrawal, saying the case has already been continued and witnesses are ready.

About the underlying scandal

NMSU canceled the remainder of the 2022-23 season after players reported hazing and sexual assaults inside the program. The state Department of Justice later issued a report describing systemic failures and made dozens of recommendations. The fallout led to the firing of head coach Greg Heiar and, later, Athletic Director Mario Moccia. NMSU has since settled civil claims with two former players.

What happens next

• The Attorney General’s Office must file its Supreme Court response by Oct. 31.
• The stay remains in place until the justices lift it or issue further orders.
• Depending on how the court rules, the case could return to Judge Perea with instructions or remain at the high court for additional briefing or argument.

Organ Mountain News will continue to follow new developments in this story as new filings land with the court.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.