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Alec Baldwin sues New Mexico prosecutors, investigators for civil rights violations

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Alec Baldwin sues New Mexico prosecutors, investigators for civil rights violations


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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.

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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.

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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.

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‘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.”

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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.”

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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.

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Contributing: Andrew Hay, Reuters



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Drier and warmer weather returns to New Mexico Wednesday

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Drier and warmer weather returns to New Mexico Wednesday


Grant’s Tuesday Evening Forecast

The recent wet weather will be winding down across parts of New Mexico, but spotty afternoon storm chances will continue in the eastern part of the state into the end of this week.

Isolated showers and thunderstorms have developed across New Mexico Tuesday afternoon, bringing another round of rainfall to parts of the state. Storms brought another round of heavier rainfall to the Albuquerque Metro this afternoon. Storms will continue pushing east through this evening before ending late tonight.

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Drier air moves into western New Mexico Wednesday, kicking off a warming trend statewide. Higher moisture will linger along and east of the central mountain chain, where isolated to scattered afternoon showers and thunderstorms will still be possible. The best chances for storms will stretch from the Sangre de Cristo Mountains into northeast New Mexico. A similar pattern sets up again Thursday as temperatures continue climbing statewide.

Southwest flow will pull additional moisture back into New Mexico Friday. For now, the best chances for rain still look to stay across northern New Mexico and along and east of the central mountain chain. The added moisture will also bring more cloud cover statewide.

This weekend is trending hotter and drier statewide. Storm chances will begin increasing again early next week as a dry line develops in eastern New Mexico.



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New Mexico law requires meth house disclosures | Column

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New Mexico law requires meth house disclosures | Column


When Eddie and Eva Bloor purchased their Cowlitz County, Wash., home in 2004, they had no idea the house had been used for methamphetamine production. Neither the sellers nor the real estate brokers disclosed to the Bloors that toxic chemicals had been found at the residence.

The newly minted homeowners were shocked when the local health department caught wind that the property was contaminated and deemed it unfit for occupancy. The Bloors were ordered to immediately vacate the residence and not remove any of their personal belongings due to the risk of cross contamination. They left with only the clothes on their backs and had to spend tens of thousands of dollars to relocate and replace virtually everything they owned.

Due the high cost of moving and replacement of clothing, furniture, electronics, appliances, toothbrushes and who knows what else, the property went into foreclosure. Shortly thereafter, the Bloors filed suit against the agents and former owners. Almost four years passed before the case finally made its way through the judicial process. In the end, the displaced homeowners were compensated for their losses and awarded punitive damages.

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While the sellers and brokers were obligated to disclose the existence of the meth lab prior to the sale, the State of Washington had no law on the books that required law enforcement to disclose the existence of toxic chemicals to any persons or agencies. The same was true in New Mexico until Jan. 1, 2008, when a new law took effect requiring law enforcement agencies that bust meth labs to immediately post a warning on the property and notify the owners and/or renters that toxic chemicals were found on the premises.

The law also makes it mandatory for law enforcement agencies to notify the New Mexico Environmental Department’s (NMED’s) Hazardous Waste Bureau, which posts the addresses of the contaminated properties on its website https://www.env.nm.gov/hazardous-waste/clandestine-drug-laboratories/ until they’ve been cleaned up to the standards outlined in the law. Addresses of properties that were the subject of federal enforcement actions are also listed on the site.

Until full remediation of the problem has been completed and approved by NMED, owners cannot sell, rent or otherwise occupy the property. When the property is ready for the open market, owners are required to disclose in writing to buyers or renters that a meth lab was found on the premises and that full remediation was completed in accordance with the law. Violation of the statute is a criminal misdemeanor and can also result in a civil fine of up to $10,000 per day.

This is not the only housing-related disclosure law on the books. New Mexico law (NMSA 1978 § 47-13-2) says your real estate broker and/or the seller of the home you’re considering purchasing or leasing “shall not be liable for failure to disclose and shall not have a duty to disclose to any person who buys or leases a property that the property was the site of a natural death, a homicide, suicide, assault or sexual assault; that the home was occupied by a person with AIDS or who is HIV positive or that a crime punishable as a felony was committed on the premises”. Such properties are often referred to as “stigmatized”.

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Federal law goes even further, making it a crime to disclose that a current or former occupant of a home, mobile home or apartment has or had AIDS or was or is HIV positive.

What about ghosts, you ask? According to a 2013 Harris Poll, 42 percent of us believe that such disembodied spirits exist. Unfortunately, we’ll probably never know if any of them inhabit a particular residence unless they themselves decide to tell us.

The State of New Mexico has additional resources that prospective homeowners and tenants can tap to evaluate a property or neighborhood. Soon-to-be occupants can check the New Mexico Sex Offender Registry athttps://sheriffalerts.com/cap_office_disclaimer.php?office=55290&fwd=aHR0cDovL2NvbW11bml0eW5vdGlmaWNhdGlvbi5jb20vY2FwX21haW4ucGhwP29mZmljZT01NTI5MA==  to determine if any registered offenders live in the area.

Think a neighbor may be a felon or has been arrested in the past? Homebuyers and renters can determine if such persons live nearby by looking up names of interest on the state’s Judiciary and Court website athttps://caselookup.nmcourts.gov/caselookup/.

Another method of assessing the character of a neighborhood or street is do what the cops do on occasion – stake it out. Drive through the area or park for a while on the street where you intend to reside. Evenings and weekends provide the best opportunity to get a sense of the amount of vehicular traffic, number of toddlers, teenagers, and general personality of the area. It’s also a good idea to speak with a few of the neighbors, some of whom will undoubtedly gossip ‘til your ears begin to melt. Want to dig a bit deeper? Log into the Las Cruces Police Department’s Community Crime Map https://communitycrimemap.com/.

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Real estate brokers have to be especially careful about disclosures. How would you like it if the broker you hired to sell or lease your home disclosed a fact about your property, the disclosure of which was not required by law, and the buyer or renter walked away from the transaction? Might the broker be liable for harming you financially by causing the buyer or tenant to head for the hills? According to a couple of Las Cruces area attorneys I asked, the answer is most likely yes.

Speaking of disclosures, here’s one I routinely share with my clients: Be very mindful when purchasing a two-story home… especially if it’s the kind where the agent tells you one story before you buy it and another story after you buy it.

See you at closing.

Gary Sandler is a U.S. Air Force veteran, full-time Realtor and president of Gary Sandler Inc., Realtors in Las Cruces, New Mexico. He loves to answer questions and can be reached at (575) 642-2292 or Gary@GarySandler.com.



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Two men shot and killed in Roswell, police investigating

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Two men shot and killed in Roswell, police investigating


ROSWELL, N.M. – Roswell police are investigating a double homicide after two people were found shot to death inside a car near Alice Reischman Smith Park.

The Roswell Police Department said officers responded Sunday night to reports of shots fired near G Street and East Wells Street.

Police said they found 19-year-old Joseph Romero and 20-year-old Robbie Adams dead inside a Chrysler 300 parked next to the park.

The department said the car had been hit by multiple gunshots and both men had multiple gunshot wounds.

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Anyone with information is asked to call the Roswell Police Department at 575-624-6770.



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