Murder case dismissed; evidence disclosure delayed

GALLUP, N.M. (AP) – A second-degree murder case against a Gallup woman has been dismissed because numerous pieces of evidence weren’t disclosed to the defense until just before her scheduled trial.

The Gallup Independent reports that 45-year-old Katherine Whitmore had been scheduled to go on trial Monday in the November 2013 stabbing death of her boyfriend, David Henderson.

However, state District Court Judge Robert Aragon dismissed the case on grounds that the failure to disclose evidence until 24 hours before Whitmore’s trial violated her right to due process.

Prosecutor Lyndy Bennett said some of the evidence needed to be tested for DNA and that it wasn’t possible to ask for a delay because Aragon previously said the trial date was firm.

Whitmore told police that the stabbing occurred during an argument. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review.

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