Prosecutors withdraw appeal of dismissed case against Alec Baldwin in fatal movie set shooting — Morgan Lee, Associated Press
New Mexico prosecutors won't pursue an appeal of a court's decision to dismiss an involuntary manslaughter charge against Alec Baldwin in the fatal shooting on a cinematographer on the set of a Western movie, the Santa Fe district attorney's office announced Monday.
Special Prosecutor Kari Morrissey withdrew the appeal of a July decision at trial to dismiss the charge against Baldwin in the death of cinematographer Halyna Hutchins during a rehearsal on set for the movie "Rust" outside Santa Fe in October 2021.
"Today's decision to dismiss the appeal is the final vindication of what Alec Baldwin and his attorneys have said from the beginning — this was an unspeakable tragedy but Alec Baldwin committed no crime," said defense attorneys Luke Nikas and Alex Spiro. "The rule of law remains intact in New Mexico."
Representatives for the state attorney general could not be be reached immediately.
The decision to drop the appeal solidifies the decision by Judge Mary Marlowe Sommer halfway through trial to dismiss the case on allegations that police and prosecutors withheld evidence from the defense.
Baldwin's trial was upended by revelations that ammunition was brought into the Santa Fe County sheriff's office in March by a man who said it could be related to Hutchins' killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin's lawyers say investigators "buried" the evidence in a separate case file and filed a successful motion to dismiss.
The district attorney's office said that under state law the New Mexico attorney general would have carried forward the appeal but "did not intend to exhaustively pursue the appeal on behalf of the prosecution."
"As a result, the State's efforts to continue to litigate the case in a fair and comprehensive manner have been met with multiple barriers that have compromised its ability to prosecute to the fullest extent of the law," local prosecutors said.
Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at Hutchins during a rehearsal on set when the revolver went off, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
In April, a judge sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum of one and a half years at a state penitentiary on an involuntary manslaughter conviction in Hutchins' death.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of "Rust," where it was expressly prohibited, and for failing to follow basic gun safety protocols.
Assistant director and safety coordinator David Halls pleaded no contest to the negligent use of a deadly weapon and was sentenced to six months of unsupervised probation. A no contest plea isn't an admission of guilt but is treated as such for sentencing purposes.
Several civil lawsuits have been brought against Baldwin and "Rust" producers, including a complaint by Hutchins' parents and sister.
Prosecutors said Hutchins' death has prompted industry-wide scrutiny of safety protocols, especially the use of firearms and live ammunition on set.
New Mexico governor’s Cabinet candidates to face confirmation votes- Austin Fisher, Source New Mexico
Among the first items on the New Mexico Senate’s agenda when the Legislature meets in the new year will be choosing whether to confirm the governor’s picks to lead state agencies.
New Mexico Gov. Michelle Lujan Grisham, a Democrat, will likely see her nominees approved because her party holds a majority in the Senate.
Lujan Grisham has designated five people since the last legislative session to serve in her Cabinet:
- Manny Barreras is the secretary-designee for the Department of Information Technology.
- Rob Black is the secretary-designee for the Economic Development Department.
- Emily Kaltenbach is the secretary-designee for the Aging and Long-Term Services Department.
- Melanie Kenderdine is the secretary-designee for the Energy, Minerals and Natural Resources Department.
- Mariana Padilla is the secretary-designee for the Public Education Department.
Two additional agency leaders are in acting roles, but Lujan Grisham has not officially nominated them to the Cabinet:
- Gina DeBlassie is the acting secretary for the Department of Health. She replaced former secretary Patrick Allen last month.
- Anna Silva is the acting secretary for the General Services Department. She will replace outgoing secretary Robert Doucette, who steps down at the end of the year.
Three other high-ranking state official appointments that are not Cabinet positions are also in the queue for Senate confirmation: Heather Jordan is the director of the Workers’ Compensation Administration, Chris Hefner is the state mine inspector and Elizabeth Anderson is the state engineer.
In total, there are 27 positions in the governor’s Cabinet.
Cabinet secretaries are considered for confirmation by the nine-member Senate Rules Committee, and if they get voted in, their nominations go to the full Senate for a vote.
The Rules Committee’s staff initiates background checks for all appointments, said Chris Nordstrum, a spokesperson for the Senate majority.
A private vendor will verify the nominees’ identity, credit and loan information, liens and judgements, court records and property ownership, Nordstrum said
The New Mexico Department of Justice checks for criminal records, he said.
Of the 42 members of the Senate, 16 will be newly elected. That means all of the legislative committees in the upper chamber are expected to change membership, Nordstrum said.
Committee assignments will be announced as soon as the Committees’ Committee meets and then the full Senate approves their decisions, Nordstrum said. The Committees’ Committee is an administrative panel that picks the leadership and members of all committees in the Senate.
That typically occurs on the session’s first day, Jan. 21.
Two water-related bills head to Pres. Biden- Susan Morée, NM Political ReportTwo water-related bipartisan bills passed the U.S. Senate this week and are headed to President Joe Biden’s desk in the final weeks of his presidency.
America’s Conservation Enhancement Reauthorization Act of 2024 passed both the U.S. House of Representatives and the U.S. Senate this month. It includes a reauthorization of the North American Wetlands Conservation Act through 2030. Both chambers of Congress also passed the Water Resources Development Act, with the Senate sending that legislation to Biden’s desk this week as well.
The Water Resources Development Act is comprehensive legislation that authorizes the U.S. Army Corps of Engineers to study and build projects to enhance U.S. rivers and harbors.
In New Mexico, the act is expected to help restore the Middle Rio Grande Bosque, support a collaborative management approach to the Upper Rio Grande Basin, renew and expand the Tribal Partnership Program, initiate feasibility studies for new water projects, increase federal support for acequias and increase funding for Western drinking water and wastewater infrastructure.
Sens. Martin Heinrich and Ben Ray Luján, both Democrats, said they welcomed the final passage of the Water Resources Development Act in the Senate this week and they both championed the sections of the bill to provide additional water resources to New Mexico.
The North American Wetlands Conservation Act helps the federal government to acquire, restore and enhance wetlands in all 50 states. Heinrich cosponsored the wetlands act along with Sen. John Kennedy, a Republican from Louisiana.
Wetlands are important for waterfowl and migratory birds, as well as fish and other wildlife. They also recharge aquifers and mitigate soil erosion and flooding.