Updated: Friday, 22 Jul 2011, 11:40 AM MDT
Published : Thursday, 21 Jul 2011, 6:18 PM MDT
ALBUQUERQUE (KRQE) - Judge Albert “Pat’ Murdoch’s attorney called him a victim on Thursday, just moments after the judge's first court appearance on a rape charge.
District Court Judge Albert “Pat” Murdoch was arrested Tuesday for allegedly raping a prostitute. Detectives said they have video to prove it happened.
On Thursday, the judge's lawyers filed a motion to get rid of the charges. It was the first real glimpse into how Murdoch plans to fight the rape and intimidation of a witness charges he now faces.
In their motion to dismiss, the defense stated that the fourth degree rape charge Murdoch is facing can only used when the victim is a minor. His accuser is 23.
The motion also states there are inconsistencies as to when the alleged rape happened. Detectives said the incident was videotaped. The motion stated that an APD sergeant told the Albuquerque Journal the rape charge was “based on a separate incident than the one captured on video.”
Murdoch was also charged with intimidation of a witness. Police said when the prostitute asked him what he would do if a woman were to make allegations against him, she claimed, he said he'd use the police and his connections to take care of it.
The motion argues that Murdoch didn't intimidate the prostitute because the question was hypothetical. It also states at the time that the alleged intimidation occurred Murdoch didn't know she was a potential witness to a crime.
Murdoch's attorney tried to present the motion to dismiss to the judge on Thursday but the judge said it was not the time or place to make that request.
The defense said it plans on presenting this evidence again saying Murdoch was wronged.
"We believe that our client is a victim in this case. We will have much more to say after we've had an opportunity to look at the evidence in this case," said Defense Attorney Nancy Hollander.
The motion makes another interesting claim. It questions the use of secretly bought video as the basis for a case.
The District Attorney's office did not want to comment on the motion to dismiss in any way.
The judge did away with Murdoch's $50,000 bond and let him remain free on his own recognizance.