State District Judge T. Glenn Ellington issued an arrest warrant this week for a woman who said she was raped but failed to appear for court in response to a subpoena.
Assistant District Attorney Mary Carmack-Altwies said in an email she felt it was necessary to force the woman’s appearance in order to move forward with a jury trial against the man accused of raping her, 53-year-old Marlon Henry of Santa Fe.
“I wholeheartedly recognize the implications of a material witness warrant for a crime victim,” Carmack-Altwies wrote in an email Thursday. “However in this case against Marlon Henry … I made this decision for the overarching safety of marginalized women in our community.”
Carmack-Altwies, who is running unopposed in November for district attorney in the First Judicial District, said Henry “has preyed on and exploited marginalized women in Albuquerque and Santa Fe” since 2002.
Through a spokesman, Henry’s defense attorneys, Samuel Ruyle and Michael Jones, disputed Carmack-Altwies’ comments.
“Everything the District Attorney said presupposes our client is guilty, which flies in the face of innocent until proven guilty and is a trampling of his constitutional rights,” they said. “We’re surprised the DA’s Office has stooped to trying this case in the press.”
Carmack-Altwies said the woman Henry is accused of raping was homeless at the time of the alleged crime.
According to an affidavit, the woman told a sexual assault nurse Henry picked her up at the Interfaith Community Shelter around 7 a.m. on Oct. 19, 2018. They cruised around while he “smoked narcotics from a glass pipe,” then went to Henry’s apartment off West Alameda Street.
Over the course of that day and until the next morning, the woman said, Henry struck her in the head, forced her into a variety of sexual acts, tied a phone cord around her neck and repeatedly threatened to kill her, according to the affidavit.
The next morning, Henry and the woman got into the car so he could give a friend a ride. The woman told the sexual assault nurse that when the vehicle came to a stop, she jumped out and ran to the hospital for help, according to the warrant.
That nurse, Tammara Ortiz-Martinez, testified Thursday that the woman was trembling, shaking and agitated during her exam and could not stop sobbing. She added the woman suffered injuries to her genitals; cuts to her face; and round marks on her chest, arm, legs and lower back.
The officer who wrote the affidavit for arrest warrant said he was familiar with Henry — who he wrote has also gone by the name Marlon Trujillo — because he had arrested him on at least one previous occasion “for aggravated battery and false imprisonment of a homeless female.”
Court records in the case indicate Henry has also gone by the names Marlon Armando Henry, Alex Abraham Lewis and Marlow Adams.
His criminal record under the name Marlon Henry dates to 2003 and includes charges for drug trafficking and possession, public affray, battery, assault, false imprisonment, larceny and criminal trespass.
He was charged with kidnapping and domestic abuse in Albuquerque in 2012, court records show, in a case in which he pleaded no contest to resisting arrest and extortion. He was sentenced to four years in that case, according to a plea agreement. Three years of that time were suspended.
Henry is charged with kidnapping, six counts of criminal sexual penetration, two counts of aggravated battery, two counts of battery, criminal sexual contact and assault in the case for which he is now on trial.
The state rested its case Thursday. Henry’s attorneys are expected to present evidence Friday.