http://krqe.com/2014/10/30/case-dismissed-against-man-who-lost-testicle/



ALBUQUERQUE (KRQE) – News 13 has learned a judge tossed out the DWI case against a University of New Mexico student who lost a testicle during his rough arrest caught on tape. However, it wasn’t because the Albuquerque cop is accused of kneeing the student in the groin. It was for something else the officer did.

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Erasing that video has now led to a judge to throw out the whole case against Martin.

In court Thursday, a judge granted a motion to suppress Officer Padilla’s testimony in the DWI case because Padilla “intentionally and in bad faith destroyed evidence.”

Without Padilla’s testimony, the State couldn’t continue and moved to dismiss the case altogether, a motion the Metro Court judge approved.

Martin’s attorney, Sam Bregman, said the Albuquerque Police Department suspended Officer Padilla without pay for six weeks for excessive force but did nothing to him for destroying evidence.