Movie armorer's conviction upheld in fatal 'Rust' set shooting by Alec Baldwin — Associated Press
A New Mexico judge on Monday upheld an involuntary manslaughter conviction against a movie armorer in the fatal shooting of a cinematographer by Alec Baldwin on the set of the Western film "Rust."
Armorer Hannah Gutierrez-Reed asked a court to dismiss her conviction or convene a new trial, alleging that prosecutors failed to share evidence that could have cleared her.
Judge Mary Marlowe Sommer in her written order noted that the armorer's attorneys did not establish that there was a reasonable possibility that the outcome of the trial would have been different had the evidence been available to Gutierrez-Reed.
The judge also rejected a request from Gutierrez-Reed that she be released from custody, saying it was moot because the request for a new trial was denied.
Marlow Sommer halted and ended Baldwin's trial in July based on misconduct of police and prosecutors and their withholding evidence from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set outside Santa Fe.
Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa Fe when the revolver went off, killing Hutchins and wounding director Joel Souza.
A jury convicted Gutierrez-Reed of involuntary manslaughter in March in a trial overseen by Marlowe Sommer, who later sentenced her to the maximum 18-month penalty. Gutierrez-Reed has an appeal of the conviction pending in a higher court. Jurors acquitted her of allegations she tampered with evidence in the "Rust" investigation.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of "Rust" and for failing to follow basic gun safety protocols.
Evidence that Gutierrez-Reed's attorneys said prosecutors failed to share included a report by a firearms expert about the functionality of the gun that Baldwin used, ammunition that was later turned in to authorities and an interview with "Rust" ammunition supplier Seth Kenney.
Defense attorneys did not immediately respond Monday to an email requesting comment on the judge's decision.
Gutierrez-Reed has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited. A proposed plea agreement is awaiting court review.
Dark money group agrees to disclose donors - Marjorie Childress and Tripp Jennings, New Mexico In-Depth
A dark money group that ran political advertising in the weeks before the June primary election and has fought divulging the source of its money and the details of its spending for months will disclose both this week.
News of the settlement with The New Mexico Project came Monday afternoon in a press release from the State Ethics Commission after a mid-morning court hearing in Albuquerque. The agreement requires the nonprofit to register as a political action committee (PAC) by the end of Monday and to disclose its donors and details of how it spent money by Oct. 2, a week from this Wednesday.
“In good faith, we have agreed to register our organization with the state of New Mexico,” the group’s president, Jeff Apodaca, confirmed in a statement provided to New Mexico In Depth by his attorney, A. Blair Dunn.
The New Mexico Project incorporated as a nonprofit with the state just over a year ago, in mid September 2023. It made a splash earlier this year when Apodaca announced on several radio shows the group hoped to raise upwards of $1 million to support its preferred primary candidates.
The overtly political advertising the group conducted, including a website, radio and Facebook ads and mailers sent to people’s homes, raised eyebrows because the group did not report its donors or spending to the Secretary of State. Such disclosure is required under state transparency laws related to political advertising.
The commission filed a civil suit in May to compel the group to register as a political action committee and disclose its financial records. District Judge Joshua Allison agreed with the commission, and in August ordered the group to comply, setting a deadline for disclosure of its donors and spending by September 9.
When the group failed to meet the deadline set by Allison, the commission asked the court on September 10 to require the group to explain why it shouldn’t be held in contempt or otherwise sanctioned for not complying with the court order.
Court records indicate a hearing before Allison was held Monday at 10am, where a settlement was reached. The commission issued a press release stating the terms of the agreement, which included the organization registering as a PAC, disclosing its donors and spending, and paying a $1,000 fine for violating the state’s Campaign Reporting Act plus $3,000 in attorney fees to the State Ethics Commission.
“The Commission’s commitment to disclosure and to the rule of law is independent of and irrespective of the content and viewpoint of political speech,” Jeremy Farris, Executive Director of the State Ethics Commission, said in the press release. “This settlement with The New Mexico Project and Mr. Apodaca reinforces the importance of transparency in New Mexico’s political process.”
For months in their court filings and on radio shows, Apodaca and Dunn questioned whether the state ethics commission had violated the group’s due process. On Monday, the group sounded more conciliatory.
In a press release provided to New Mexico In Depth by Dunn, the group said, “The New Mexico Project, an important voice for moderate Latino voters in New Mexico politics this election cycle, was able to reach an agreement with the State Ethics Commission that allowed for transparency in elections while pushing for reforms in the State Ethics Commission regarding the process by which they address concerns for violations of law and constitutional protections for private citizens.”
See which legislative candidates raised the most money ahead of November general election - Patrick Lohmann and Austin Fisher, Source New Mexico
People running to represent their communities in the New Mexico Legislature reported raising nearly $5.8 million over the last several months as they look toward the November general election.
All 42 Senate seats are on the ballot this November, though quite a few races are already done and dusted: Just 16 of the seats are contested in November. The rest have only one candidate.
Gabriel Ramos, a Republican, raised more than $112,000 since late May, according to the latest fundraising figures filed by Senate candidates on Sept. 9. That’s the most any Senate candidate pulled in during that period.
Ramos’ policy positions include a focus on violent crime, which he said he intends to address with bipartisan legislation that “holds violent criminals accountable, supports keeping law enforcement officers in jobs, and compassionate mental health and drug prevention programs that cut recidivism rates,” according to his website.
He’s facing off against Democrat Chris Ponce for the district representing parts of Grant, Socorro and Catron counties. He joined the race when incumbent Sen. Correah Hemphill dropped out in June. Ponce reported raising about $36,000 since he’s jumped into the race.
Ponce’s policy goals include expanding access to health care in rural areas; improving roads; and supporting veterans, farmers and educators, according to his website.
Candidates can retain money from previous election cycles, and that money can roll over to their next race in four years.
Four senators, all of them incumbents, have more than $250,000 in cash on hand heading into the general election: Sens. Crystal Diamond Brantley (R-Elephant Butte), George Muñoz (D-Gallup), Joseph Cervantes (D-Las Cruces) and Martin Hickey (D-Albuquerque). All but Hickey are unopposed.
In the state House of Representatives, 65 races are contested, while 85 candidates are running unopposed.
Incumbent Democrat Ambrose Castellano raised more than $63,000 since late May, a bigger haul than any other House candidate in that period.
Incumbent Democrat Meredith Dixon raised the next highest amount in that same time period, totaling nearly $61,000.
Dixon’s pitch to voters for her reelection is focused on her work as vice chair of the House Appropriations and Finance Committee, where she plays a role in building the state government’s budget.
Dixon has two challengers. Republican candidate Tracy Major has raised more than $15,000 since late May. Libertarian candidate John McDivitt did not raise any money in that same time period.
Major’s website indicates if elected, she would oppose any tax increases, protect “parental rights,” and “end the violent crime epidemic, putting away dangerous criminals once and for all.”
McDivitt, for his part, told the Santa Fe New Mexican that his priority — which he shared with his fellow Libertarian candidate for another seat and wife Catherine Ann McDivitt — is to do more to recruit and retain health care professionals in the state and fight crime.
The next financial reports are due Oct. 15. The election is Nov. 5.
NM public defenders offer ‘safe space’ for warrant resolution - Rodd Cayton, City Desk ABQ
The state public defender’s office is looking to help people with outstanding arrest warrants straighten them out.
A team of attorneys from the New Mexico Law Offices of the Public Defender will host a “warrant workshop” Thursday, Oct. 3, at the International District Library. They will be helping resolve arrest warrants from Bernalillo County.
“This is a safe space for our clients,” Albuquerque District Defender Dennica Torres said in a news release. “There’s no fear of arrest. They can bring their phones, which they can’t do when they go to court, and we’ll have a team ready to help them figure out their situation.”
Maggie Shepard, a spokesperson for the Law Offices of the Public Defender, said defenders and prosecutors will assess each case and try to get clients back in compliance with conditions of release and cancel their warrants.
“Depending on the type of case and individual circumstances, the DAs office may be able to offer potential resolutions to the case,” Shepard said.
The event will run from 10 a.m. to 5 p.m. Refreshments, toiletries and essential item kits will also be available.
The county will have certified support workers and case managers on-site to assist clients, along with transportation to connect them to other community resources.
Visitors will also be able to meet with staff from State of the Heart Recovery, Youth Development Inc. and the University of New Mexico Office for Community Health to learn about case management, behavioral health care, substance use treatment and other services.
The office has hosted three rounds of workshops in the last year and plans to have at least one more round, Shepard said.
Anyone interested in more information can call 505-219-2868 or text 505-525-7045. Those numbers can also be used to check whether someone has an active warrant.
Takeaways on AP's story about challenges to forest recovery and replanting after wildfires - By Tammy Webber, Brittany Peterson and Camille Fasset, Associated Press
The U.S. is struggling to replant forests destroyed by increasingly intense wildfires, with many areas unlikely to recover on their own.
Researchers are studying which species are likely to survive — and where — as climate change makes it difficult or impossible for many forests to regrow. But they say the U.S. also lacks enough seed collection, seedling production and workers trained to replant trees on a scale needed to offset accelerating losses.
The Forest Service says the biggest roadblock is the yearslong task of completing environmental and cultural assessments and preparing severely burned land for replanting.
CLIMATE IMPACT
Larger and more intense fires stoked by climate change destroy seed trees that normally allow regeneration or leave burn scars too large for trees to naturally bridge the gap.
Climate has changed so markedly trees often can't regrow. Even when seedlings take hold, drought and repeat fires often kill them.
Especially hot fires also can harden the ground and leave barren slopes susceptible to washing away in rainstorms, polluting waterways. Researchers say some once-forested areas in the Southwest and West may never recover and instead will convert to grassland or shrubland.
REFORESTATION GAP
Nineteen of the 20 largest wildfires ever recorded in the contiguous U.S. have occurred in Western states since 2000, according to Sean Parks, a Forest Service research ecologist. That's when the region slipped into an ongoing megadrought.
The U.S. once was able to reliably replant burned forests. But now the gap between areas that need replanting and the ability to do so has grown to at least 3.8 million acres (1.5 million hectares) — and that could triple by 2050, said Solomon Z. Dobrowski, a University of Montana forest management expert.
Researchers say the odds of forests growing back will worsen regardless of fire intensity because of hotter, drier weather.
TARGETED TREE PLANTING
Researchers are trying to find which seedling species survive and where. Survival generally is worse at lower elevations, where it's hotter, drier and more open — so replanting the same trees in the same areas is likely to fail.
Scientists are replanting at higher elevations and also studying whether seedlings survive better when planted in clusters or near trees that might provide shade and aid water uptake. Some researchers are even asking whether different species should replace trees wiped out by fire.
University of New Mexico forest ecologist Matthew Hurteau said the 2011 Los Conchas fire decimated a huge swath of Ponderosa pine forest, and most replanting efforts failed.
So he planted seedlings of different species at various elevations and on slopes facing different directions, then monitored soil moisture, temperature and humidity. A resulting computer model can predict the probability a seedling will survive in a particular spot with about 63% accuracy, and will be used for planting this fall.
"Let's not do the old plant-and-pray" method, said Hurteau. "Let's plant where we know that their chance of survival is quite high."
Forest Service rules generally require planting the same species at the same elevations as before a fire, but the agency will "need to be flexible moving forward," said Jason Sieg, acting supervisor of the Arapaho and Roosevelt National Forests & Pawnee National Grassland.
For now, that might mean replanting at different elevations or collecting seeds from another location. Eventually, researchers say it could require planting species not found in an area originally — an option many have resisted.
"I've seen people go from saying, 'Absolutely, we cannot move trees around' to, 'Well, maybe let's try it at least, and do a few experiments to see if this will work,'" said Camille Stevens-Rumann, interim director at the Colorado Forest Restoration Institute.
"We need to start being creative if we want trees on our landscapes," she said. "We're in a place of such drastic climate change that we are not talking about whether or not some of these places will be a different kind of forest, but whether or not they will be forests at all."
RESTORATION CHALLENGES
Hurteau, the University of New Mexico researcher, said ecologists and the state realized there would not be enough seedlings to reforest millions of acres burned in wildfires.
So several New Mexico universities and the state's forestry division started the New Mexico Reforestation Center to build a nursery that could produce 5 million seedlings per year for government, tribal and private lands. The first seedlings will be planted this year.
The number of Forest Service nurseries — once financed by deposits on timber sales — dropped from 14 to six in the 1990s as timber harvests declined and habitat protections were enacted, according to a Forest Service report on the nurseries' history.
Most Western seedling production is private and occurs in Oregon, California and Washington, said Solomon Dobrowski, a University of Montana forest management expert.
In places like New Mexico and the Rocky Mountains, "we don't really have a base of facilities to support widespread reforestation," Dobrowski said. "We're (asking) 'What's going to fill the gap?'"
The Forest Service is modernizing nurseries and seeking ways to expand internal capacity and work with private industry, states and groups like the New Mexico Reforestation Center. But officials say the biggest challenge is that the number of intense wildfires is outpacing the ability to prepare sites for replanting.
Experts say more seed collection and trained workers are needed to make even modest progress in closing the reforestation gap. And they say public and private cooperation is essential.
Seed collection is expensive and labor-intensive. It takes a few years for a typical Western conifer to develop cones before contractors harvest them. Growing, planting and monitoring seedlings amid frequent droughts adds uncertainty, time and money.
Experts say there will be areas where trees never return but it's critical that the U.S. does as much possible in a thoughtful way.
"Trees live for hundreds of years so we need to be thinking about what's right as we plant trees today," Hurteau said. "Are we putting the right species and densities on the landscape given what the next 100, 200 and 300 years will look like?"
Latina governor of US border state will attend inauguration of Mexico's first female president - Associated Press
Gov. Michelle Lujan Grisham is heading south of the border to attend the inauguration of Mexico's next president.
In a statement Friday, she announced the outing to Mexico City for the inauguration of Claudia Sheinbaum as the Mexico's first female president.
The second-term Democratic governor and former congresswoman also is leading a delegation to participate in a roundtable discussion about the clean-energy sector and energy security, along with a reception by U.S. Ambassador to Mexico Ken Salazar.
New Mexico taxpayers are paying for travel by the group that includes Lujan Grisham's chief of staff, Daniel Schlegel, and state cabinet secretaries for natural resources and economic development agencies.
New Mexico has the highest proportion of Hispanic residents of any state in the U.S. — with many residents tracing their local ancestry to the era of Mexican and Spanish rule. And New Mexico's port of entry at Santa Teresa is a major commercial crossing between the U.S. and Mexico.
In Arizona, Tucson Mayor Regina Romero is going to Sheinbaum's inauguration on Tuesday with Biden's presidential delegation.
Stuck NASA astronauts welcome SpaceX capsule that'll bring them home next year - By Marcia Dunn, AP Aerospace Writer
The two astronauts stuck at the International Space Station since June welcomed their new ride home with Sunday's arrival of a SpaceX capsule.
SpaceX launched the rescue mission on Saturday with a downsized crew of two astronauts and two empty seats reserved for Butch Wilmore and Suni Williams, who will return next year. The Dragon capsule docked in darkness as the two craft soared 265 miles (426 kilometers) above Botswana.
NASA switched Wilmore and Williams to SpaceX following concerns over the safety of their Boeing Starliner capsule. It was the first Starliner test flight with a crew, and NASA decided the thruster failures and helium leaks that cropped up after liftoff were too serious and poorly understood to risk the test pilots' return. So Starliner returned to Earth empty earlier this month.
The Dragon carrying NASA's Nick Hague and the Russian Space Agency's Alexander Gorbunov will remain at the space station until February, turning what should have been a weeklong trip for Wilmore and Williams into a mission lasting more than eight months.
Two NASA astronauts were pulled from the mission to make room for Wilmore and Williams on the return leg.
"I just want to say welcome to our new compadres," Williams, the space station commander, said once Hague and Gorbunov floated inside and were embraced by the nine astronauts awaiting them.
Hague said it was a smooth flight up. "Coming through the hatch and seeing all the smiles, and as much as I've laughed and cried in the last 10 minutes, I know it's going to be an amazing expedition," he said.
NASA likes to replace its station crews every six months or so. SpaceX has provided the taxi service since the company's first astronaut flight in 2020. NASA also hired Boeing for ferry flights after the space shuttles were retired, but flawed software and other Starliner issues led to years of delays and more than $1 billion in repairs.
Starliner inspections are underway at NASA's Kennedy Space Center, with post-flight reviews of data set to begin this week.
"We're a long way from saying, 'Hey, we're writing off Boeing,'" NASA's associate administrator Jim Free said at a pre-launch briefing.
The arrival of two fresh astronauts means the four who have been up there since March can now return to Earth in their own SpaceX capsule in just over a week, bringing the station's crew size back down to the normal seven. Their stay was extended a month because of the Starliner turmoil.
Although Saturday's liftoff went well, SpaceX said the rocket's spent upper stage ended up outside its targeted impact zone in the Pacific because of a bad engine firing. The company has halted all Falcon launches until it figures out what went wrong.was extended a month because of the Starliner turmoil.