By Lily Alexander
lalexander@sfnewmexican.com
Jul 1, 2026
After 88-year-old Ben Noverto Martinez learned Wednesday he would soon be released from prison, his family members in the courtroom gallery asked an officer to turn his wheelchair around so they could see each other.
Martinez, who is reportedly in declining health, has been awaiting a new trial in the 2018 shooting death of his daughter's fiancé, Thomas Trujillo.
"Look, everybody's here for you," one person said as Martinez smiled. "See you soon."
State District Judge T. Glenn Ellington on Wednesday ordered Martinez's release from the state prison in Los Lunas on the condition he remains on house arrest and electronic monitoring.
Martinez's defense attorneys and the state agreed on his terms of his release. The Santa Fe man had been serving out a seven-year sentence in connection with the shooting, though his murder conviction was overturned on appeal in December due to a prosecutor's improper line of questioning and comments.
Martinez's defense attorneys requested his release at a hearing last month. The Department of Corrections believes he has dementia and partial blindness, according to an addendum to the motion to review conditions of release.
Trujillo's body was found on the floor of Martinez’s home on the city's southwest side, with one shot in the chest and two in the back. Martinez’s gun was laying next to his body, according to reports from the time.
When investigators arrived at Martinez’s home, he confirmed the gun was his and told them he kept it in his bedroom.
Later, after he was detained, he requested an attorney and invoked his right to remain silent.
His attorney argued in an appeal of his conviction a former prosecutor with the First Judicial District Attorney's Office made statements during the trial that unfairly called into question Martinez's decision to exercise his right to remain silent. The New Mexico Court of Appeals concurred, reversing his conviction.
A new trial in the case is scheduled to take place next year.
Martinez's defense attorneys have asserted there will likely be new evidence in the case, including "phone dumps." At Wednesday's hearing, defense attorney Stephen Aarons asked for the trial to occur in February or March, while Assistant District Attorney Douglas Wood, representing the state, said the state preferred it to happen within six months.
Jury selection is scheduled Jan. 19.
When he is released from the Central New Mexico Correctional Facility, Martinez will not be allowed to use alcohol or drugs, leave Santa Fe County or the state without court approval, access firearms or dangerous weapons or contact Trujillo's extended family. Pretrial services will determine his level of supervision and sobriety monitoring.
"I do agree that where we are is, we are back in the pre-conviction posture, and therefore the conditions that were in place, having found no violations prior to his first trial, in my review, that resulted in action by the court," Wood said.
One of Martinez's daughters is moving to Santa Fe and will live with him upon his release.
Martinez lived at home "without incident" for many years prior to the 2018 shooting and before the charges against him were refiled, according to the addendum.
After Wednesday's hearing, Adam John Griego — a business owner, member of the American Civil Liberties Union's Justice Advisory and Accountability Board and a neighbor of Martinez — described the 88-year-old as "calm" and "peaceful."
"It's sad when our society can look that man in the eye and say, 'We're going to put you away,' even for a year," Griego said. "It's not justice."
Keeping Martinez in prison has been a misuse of the system, he added, and speaks to a broader issue.
"The system is broken, and on top of that, the carceral system itself really needs to be revamped," Griego said.
Originally published by The Santa Fe New Mexican.
Copyright 2026 The New Mexican. Reprinted with permission.