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.