Prosecutors’ error leads to Caldwell case dismissal
Ex-Lobo to pursue pro ball; accuser unsure what’s next
More than two years after a woman came forward alleging a former University of New Mexico men’s basketball player she had been dating had physically abused her, a prosecutorial mistake discovered ahead of his trial led to this case being dismissed this week in an Albuquerque court room.
J.J. Caldwell, the 24-year-old former Lobo point guard, was suspended from the team in December 2019 by then-coach Paul Weir and hasn’t played college basketball since. He was back in Albuquerque from his home in Texas for the trial, which was to start Monday in Metro Court. The Albuquerque woman who accused Caldwell of having hit her on more than one occasion was also prepared to testify. Neither ended up getting a chance to tell his or her side of the story.
The Journal has decided not to identify the woman making the allegations, which released this statement through attorney Kathy Love:
“We the Montoya Family wish to publicly express our displeasure with the recent dismissal of criminal charges against J.J. Caldwell, who is likely best known to the public as a former member of the UNM Lobos basketball team, but who we know as the man who physically and emotionally abused our daughter.”
The family added it wanted Caldwell to be held accountable but to also get the help they feel he needs. Instead “a remarkable litany of legal errors and missteps by the prosecutors have caused the legal process to fall short of these goals.”
The woman previously had expressed frustration with the way the case was being handled from the first time she reported the abuse, telling the Journal in December 2019 she felt uncomfortable talking with the officer who she felt was dismissive of her allegations. Police never felt there was sufficient evidence to arrest Caldwell.
The case referred to local prosecutors and eventually conflicted out of the area to be handled by the 12th Judicial District Attorney’s Office based in Alamogordo.
Caldwell told the Journal in a social media exchange on Wednesday that he is relieved to have the matter behind him and hopes to resume his playing career — overseas professionally. He no longer is NCAA-eligible.
His attorney, Nicole Moss, said she and her client share with the accuser’s family frustration in not being able to have the
case, after numerous delays due to COVID-19 and other matters, finally heard before a judge.
“We were actually looking forward to proceeding to trial to basically prove J.J. innocent,” Moss said. “However, when the state refiled their complaint in June of 2021, they attached a report that made no reference to the actual allegations.”
Essentially, the victim alleged abuse in two separate reports with police — an incident from June 2019 and one in December 2019. They were two separate cases. The trial this week was to relate to the June 2019 allegation, but the case file included only a criminal complaint related to the December 2019 allegation, according to Caldwell’s attorney.
When reached by phone on Wednesday, Assistant District Attorney Brandi Red referred all Journal questions about the mistake or whether the state will decide to refile the case yet again to the 12th Judicial District Attorney’s Office Manager Jesse Grajeda, who did not return a message left seeking comment.
The victim and her family aren’t certain what they want now.
“We are evaluating our options,” their written statement said. “We wish for all parties and the public to have appropriate closure that honors the truth so that our daughter can heal and Mr. Caldwell can grow, and, hopefully, never harm another person.”
Caldwell had started 13 games in 2019-20 before the allegations came to light, and the Lobos were off to an 11-2 start. They finished 19-14. He was suspended ahead of a Dec. 22 game after the woman filed the police report on Dec. 16 and UNM was made aware of it.
It wasn’t the first time UNM had been told of such allegations.
The woman’s family contacted UNM in the summer after she says Caldwell had abused their daughter in June 2019. But she didn’t want to go to police, only asking that UNM get Caldwell help. Both sides were not to see each other anymore and the girl attended school in another state.
When she was back in Albuquerque for winter break, the second abuse allegation came after the two saw each other at a downtown bar and ended up back at Caldwell’s apartment, police reports indicate.