New Mexico
Alec Baldwin sues New Mexico prosecutors, investigators for civil rights violations
Alec Baldwin ‘Rust’ case dismissed by judge over ‘suppressed’ evidence
Alec Baldwin’s involuntary manslaughter charge was abruptly dismissed with prejudice. He cannot be retried for involuntary manslaughter.
Alec Baldwin, whose involuntary manslaughter case was dismissed last summer over suppressed evidence, is taking the fatal 2021 “Rust” set shooting back to the court room.
The actor on Thursday filed a civil lawsuit in Santa Fe County District Court alleging prosecutors violated his civil rights and defamed him. The defendants named in the filing included special prosecutor Kari Morrissey, personnel within the district attorney’s office for New Mexico’s First Judicial District and members of the Santa Fe County Sheriff’s Office.
The complaint detailed Baldwin’s claims that prosecutors and investigators “conspired to procure a groundless indictment against Baldwin” by not following the proper criminal process and also intentionally kept exculpatory evidence from the defense.
In a statement to USA TODAY, Morrissey said, “In October 2023 the prosecution team became aware that Mr. Baldwin intended to file a retaliatory civil lawsuit. We look forward to our day in court.”
USA TODAY has reached out to lawyers for Baldwin as well as the DA’s office for comment. The sheriff’s office declined to comment.
Last summer, Baldwin’s lawyer Alex Spiro forewarned the sheriff’s office and prosecutor in letters sent to the parties on July 12 to preserve evidence for “potential for future litigation,” according to copies obtained at the time by USA TODAY.
The actor and producer’s attorney advised Morrissey and Santa Fe County Sheriff Adan Mendoza to preserve all “devices, hard drives, emails, text messages, and other electronic communications” in addition to “documents, records, electronically stored information (‘ESI’), and other materials and data existing in any form whatsoever, that are actually or potentially relevant or relate in any way to the investigation(s) and/or prosecution(s) conducted by the State in connection with the death of Halyna Hutchins.”
The filing comes nearly six months after First Judicial District Judge Mary Marlowe Sommer abruptly dismissed the criminal case against Baldwin on the grounds that prosecutors and law enforcement withheld evidence that might be favorable to the actor’s defense. In October, she upheld her dismissal; though prosecutors appealed the judge’s decision in November, they withdrew the notice of appeal the following month.
Baldwin’s criminal charge stemmed from an Oct. 21, 2021, incident in which Baldwin’s prop gun, which he said he’d been told did not contain live ammunition, discharged during a rehearsal for the movie, killing 42-year-old cinematographer Halyna Hutchins and wounding director Joel Souza.
‘No verdict’ can ‘undo the trauma’ of criminal case against Alec Baldwin, lawsuit says
Baldwin’s legal complaint accused New Mexico investigators and prosecutors of being ” blinded by their desire to convict Alec Baldwin for all the wrong reasons, and at any cost, for the October 2021 accidental shooting of Halyna Hutchins.”
“Defendants sought at every turn to scapegoat Baldwin for the acts and omissions of others, regardless of the evidence or the law,” the filing continued.
Baldwin seeks a jury trial and an award of financial compensation for his “injuries suffered” as well as punitive damages against the defendants.
“Defendants must now be held accountable for their malicious and unlawful pursuit of Baldwin,” the lawsuit states. “Although no verdict in this civil case can undo the trauma the State’s threat of conviction and incarceration has inflicted, Alec Baldwin has filed this action to hold Defendants responsible for their appalling violations of the laws that governed their work.”
Why was Alec Baldwin’s involuntary manslaughter case dismissed?
The conclusion of Baldwin’s case with the state of New Mexico arrived more than two years after the on-set tragedy. Sommer dismissed the charge with prejudice, meaning prosecutors cannot refile the same claim.
Baldwin’s lawyers alleged in their filing that Santa Fe sheriffs and state prosecutors “concealed” evidence that could be linked to the source of the bullet that killed Hutchins. Prosecutors and sheriffs argued the evidence had no relevance or value to Baldwin’s case.
The judge reprimanded Morrissey and her team as “they have continued to fail to disclose critical evidence to the defendant.”
“The state’s willful withholding of this information was intentional and deliberate,” Sommer said. “If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching.”
Testimony revealed withheld evidence in ‘Rust’ case
On July 12, Baldwin’s lawyers said the Santa Fe County Sheriff’s Office was in possession of live rounds they argued might be connected to the one that killed Hutchins but failed to list them as evidence in the “Rust” investigation file or disclose their existence to defense lawyers.
On July 11, testimony revealed Troy Teske, a friend of “Rust” armorer Hannah Gutierrez-Reed’s stepfather, had delivered Colt .45 live rounds to the sheriff’s office on March 6. Baldwin’s team claimed this was evidence that could have established a connection to Seth Kenney, the prop supplier for “Rust.”
Baldwin’s attorneys alleged the rounds were evidence that the bullet that killed Hutchins came from Kenney. Kenney has denied supplying live ammunition to the production and has not been charged in the case.
Baldwin’s team has blamed Gutierrez-Reed, who is serving 18 months in prison for involuntary manslaughter, and first assistant director Dave Halls for negligence that led to Hutchins’ death. Meanwhile, prosecutors argued Baldwin handled the gun irresponsibly, exhibited “bullyish behavior on set” and changed his story to cast blame on others.
Contributing: Andrew Hay, Reuters
Early voting for the 2026 New Mexico Primary Election begins Tuesday, May 5.
Residents can vote at county clerks’ offices until May 16, at which point more early voting locations open.
The Primary Election is on June 2.
Key races in New Mexico Primary Election?
Several state races have a crowded primary field including Democrat candidates for the U.S. Senate and House of Representatives, governor and the state Legislature. Local races in Doña Ana and Otero County for sheriff and the Board of County Commissioners.
Who can vote in New Mexico Primary Election?
New Mexico has semi-open primary elections, which means voters who are not registered with a qualified political party may participate in the election by selecting which major party’s ballot they want to vote on without changing their voter registration.
Voters who have not registered with a qualified party can participate by selecting a major party’s ballot and vote.
Registration status, voting locations and sample ballots can be viewed at the New Mexico Secretary of State website.
Where to vote in Doña Ana County
Early voting at the Doña Ana County Government Center, 845 N Motel Blvd., Las Cruces, will begin from 8 a.m. through 5 p.m. Monday through Friday on May 5 until May 29, and from 10 a.m. through 6 p.m. on Saturday, May 30.
Alternate site early voting locations will begin at 11 a.m. on May 16 and run through May 30 from Tuesday through Saturday.
The alternate site locations in Doña Ana County are:• Anthony Library (750 Landers Road, Anthony)• HVPS Student Services (350 Main Street, Hatch)• Doña Ana County Community College (755 Prescott Anthony Drive, Chapparal)• Doña Ana County Community College (800 Sonoma Ranch Blvd., Las Cruces)• Doña Ana County Community College (3365 McNutt Road, Sunland Park)• Las Cruces City Hall (700 N. Main Street, Las Cruces)• Mesilla Town Hall (2231 Avenida de Mesilla, Mesilla)• Corbett Center Student Union (1600 International Mall, Las Cruces)
Same day registration will be available at the Doña Ana County Government Center during early voting and all absentee ballots may be returned to the County Clerk’s Office or any Election Day polling location no later than 7 p.m. on Election Day.
Where to vote in Otero County
Early voting at the Otero County Clerk’s sub-office, 1101 New York Avenue, Room 101, will begin from 8 a.m. through 5 p.m., Monday through Friday on May 5 until May 29, and from 8:00 a.m. to 5:00 p.m. on Saturday, May 30.
Alternate site early voting locations will be staggered beginning on May 16 at 11 a.m. and run through May 30.
The alternate site locations in Otero County are:10 a.m. to 6 p.m. May 16 through May 30Otero County Fairgrounds (401 Fairgrounds Road, Alamogordo)
8:00 a.m. to 5:00 p.m., May 27 through May 29Inn of The Mountain Gods (287 Carrizo Canyon Road, Mescalero)
8:00 am to 5:00 p.m., May 28 through May 30 Chaparral Far South Fire Station (827 Luna Street, Chaparral)
Josh’s Monday Night Forecast
Cloudier skies have moved into New Mexico today along with warmer temperatures. A few spotty to isolated showers have also developed this afternoon across western parts of New Mexico. Overnight, upper level moisture will increase across the region. This will bring more scattered to widespread shower and storm chances starting Tuesday.
Showers, storms and high elevation snowfall will move throughout much of the region with southeast New Mexico remaining quiet through Wednesday. Drier air moves in statewide by Thursday. This will bring fewer rain chances through the end of the week along with warming temperatures into the weekend.
New Mexico
New Mexico’s proposed kids safety fixes for Instagram, Facebook may go too far, judge warns
The state judge overseeing New Mexico’s attempt to force a safety overhaul of Instagram and Facebook said Monday that he’s worried some of the proposed changes would amount to “overreach.”
New Mexico attorney general Raúl Torrez is pushing for extensive changes and up to $3.7 billion in penalties after a state jury ruled last month that Mark Zuckerberg’s Meta had failed to protect kids from sexual predators. Judge Bryan Biedscheid is presiding over a second trial to determine which of those requested remedies are appropriate.
“I am a judge, I am not a legislator, I am not a regulator,” Biedscheid said as the second phase began on Monday.
Biedscheid added that his goal was to ensure any court-ordered fixes would address the proven harms of Instagram and Facebook without him becoming a “one-person legislature.”
The judge will rule on whether Meta’s failings constitute a “public nuisance” under state law, which would allow him to order remedies. The jury previously ordered Meta to pay $375 million in damages.
“The changes we’re seeking are reasonable, achievable, and supported by child safety and technology experts,” Torrez said in a statement ahead of the trial. “There is no credible argument against them, only a company that has decided its bottom line matters more than the safety of kids.”
As The Post reported, Meta has already threatened to cut off access to Instagram and Faceook entirely if the judge orders “impractical” safety features to be implemented. The social media giant claims Torrez’s “requests for relief are so broad and so burdensome” that no one could realistically comply with them.
Torrez fired back, asserting that Meta’s threats were little more than a PR stunt and that the company was “showing the world how little it cares about child safety.”
New Mexico’s proposed fixes include implementing an effective age verification process for accounts; recommendation algorithms that prioritize user safety over boosting how much time they spend on the apps; and limits on end-to-end encrypted messaging for minors.
State officials also want Meta to display warning labels about the risks of using its apps and an independent oversight committee to ensure the company’s compliance. Meta “would be held to a 99% detection rate for new child sexual abuse material,” according to the state.
A Meta spokesperson said the state’s demands are “technically impractical, impossible for any company to meet and disregard the realities of the internet.”
Experts previously told the Post that Meta’s threat to cut off the apps entirely, while technically feasible, would make the situation even messier for the company.
“I think a blackout in one state would be comically easy to circumvent – for example, with a VPN,” Ryan Calo, a professor at the University of Washington focused on the intersection of law and technology, said last week. “Who is responsible when, invariably, New Mexico residents continue to access Facebook? And of course, they would still have to pay for prior behavior in the state.”
WIth Post wires
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