SANTA FE, N.M. (KRQE) – A judge has released a Native American activist charged with rape because prosecutors violated evidence rules.

Redwolf Pope is accused of raping a woman in 2017 and recording the encounter. However, his defense attorney says he never received a search warrant affidavit used to gather digital evidence in the case and asked for the case to be dismissed.

Prosecutors say they did give the defense digital photos of the affidavit, just not the paper copies. The judge ruled dismissing the case or suppressing evidence would too strong a response, so she ordered Redwolf’s release as a sanction against prosecutors.