Three former basketball players at New Mexico State University are being charged with sexual assault. Each faces over 20 years in prison if convicted.However, one player, Kim Aiken Jr., did not appear in court for his first appearance on Nov. 22. That means Aiken is now considered a fugitive, but Target 7 found he’s a long way from Las Cruces.Deep dive: Target 7 InvestigatesAiken is currently playing professional basketball in Luxembourg, where he is the leading scorer and rebounder for Amicale Steinsel. But can Aiken avoid criminal justice due to playing overseas basketball?His attorney, Lauren Smalls, said financial reasons were to blame for why Aiken could not appear in court.”Obtaining a flight, an international flight during that time for a person who applied for and qualified for the services of the law office the public defender is financially straining on extremely short notice,” Smalls said.However, District Court Judge Douglas Driggers issued a warrant for the arrest of Aiken.”I recommend you advise your client to make arrangements so that you can appear before Judge Perea before this bench warrant goes to an international INTERPOL.KOAT legal expert John Day said Aiken could be arrested in Luxembourg for the alleged crimes.”Because Aiken chose not to show up, now there’s an arrest warrant out for him and a $20,000 cash-only bond,” Day said. “So he’s got to work something out, either come back to the U.S. or face extradition.”Day also said, “People do try to stay out of the system by hiding out in another country. The problem is that Luxembourg, like basically every other country in Europe, has an extradition treaty with the United States. And under an extradition treaty, the U.S. State Department, the Department of Justice basically say to the other country, look, you know, pick this guy up, hold him for us, and we’d like to extradite him back to the U.S. to face the music.”Follow us on social: Facebook | Twitter | Instagram | YouTubeSmalls told the judge her client was not looking to avoid prosecution by not showing up for his court appearance.”Mr. Aiken is in no way trying to avoid these charges,” Smalls said. “He is seeking justice in this matter.”Aiken did appear in basketball games the weekend prior to and following his missed hearing in court. Aiken wears No. 15 for his first stint in pro basketball.Day said the situation is interesting due to Aiken being a fugitive, but his location is readily known.”It seems like people know where he is,” Day said. “That’s sort of an unusual twist on a fugitive situation. Right now, there’s a warrant out for him and he’s subject to being picked up anywhere in the U.S. and anywhere in the world [where extradition back to the U.S. is possible.”Action 7 News On The Go: Download our app for freeSmalls has filed a motion to quash his arrest warrant. A court hearing is scheduled for December. Aiken is expected to be there for the hearing and has a plane ticket, according to Smalls.Aiken averages 20 points and 10 rebounds per game with Amicale Steinsel, the team’s leader in both statistical categories.
Three former basketball players at New Mexico State University are being charged with sexual assault. Each faces over 20 years in prison if convicted.
However, one player, Kim Aiken Jr., did not appear in court for his first appearance on Nov. 22. That means Aiken is now considered a fugitive, but Target 7 found he’s a long way from Las Cruces.
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Deep dive: Target 7 Investigates
Aiken is currently playing professional basketball in Luxembourg, where he is the leading scorer and rebounder for Amicale Steinsel. But can Aiken avoid criminal justice due to playing overseas basketball?
His attorney, Lauren Smalls, said financial reasons were to blame for why Aiken could not appear in court.
“Obtaining a flight, an international flight during that time for a person who applied for and qualified for the services of the law office the public defender is financially straining on extremely short notice,” Smalls said.
However, District Court Judge Douglas Driggers issued a warrant for the arrest of Aiken.
“I recommend you advise your client to make arrangements so that you can appear before Judge Perea before this bench warrant goes to an international INTERPOL.
KOAT legal expert John Day said Aiken could be arrested in Luxembourg for the alleged crimes.
“Because Aiken chose not to show up, now there’s an arrest warrant out for him and a $20,000 cash-only bond,” Day said. “So he’s got to work something out, either come back to the U.S. or face extradition.”
Day also said, “People do try to stay out of the system by hiding out in another country. The problem is that Luxembourg, like basically every other country in Europe, has an extradition treaty with the United States. And under an extradition treaty, the U.S. State Department, the Department of Justice basically say to the other country, look, you know, pick this guy up, hold him for us, and we’d like to extradite him back to the U.S. to face the music.”
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Smalls told the judge her client was not looking to avoid prosecution by not showing up for his court appearance.
“Mr. Aiken is in no way trying to avoid these charges,” Smalls said. “He is seeking justice in this matter.”
Aiken did appear in basketball games the weekend prior to and following his missed hearing in court. Aiken wears No. 15 for his first stint in pro basketball.
Day said the situation is interesting due to Aiken being a fugitive, but his location is readily known.
“It seems like people know where he is,” Day said. “That’s sort of an unusual twist on a fugitive situation. Right now, there’s a warrant out for him and he’s subject to being picked up anywhere in the U.S. and anywhere in the world [where extradition back to the U.S. is possible.”
Action 7 News On The Go: Download our app for free
Smalls has filed a motion to quash his arrest warrant. A court hearing is scheduled for December. Aiken is expected to be there for the hearing and has a plane ticket, according to Smalls.
Aiken averages 20 points and 10 rebounds per game with Amicale Steinsel, the team’s leader in both statistical categories.
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