District attorney can't be co-counsel in Alec Baldwin case: judge
Alec Baldwin is seen on a movie set in Santa Fe, N.M. (Jim Weber/Santa Fe New Mexican)
SANTA FE, N.M. -
A New Mexico judge said Santa Fe's district attorney shouldn't serve as co-counsel in the manslaughter case against actor Alec Baldwin and a weapons supervisor in the fatal shooting of a cinematographer during a 2021 movie rehearsal. Judge Mary Marlowe Sommer on Monday said the district attorney should either lead the case on her own or turn it over entirely to another prosecutor.
Baldwin and movie armorer Hannah Gutierrez-Reed have pleaded not guilty to charges of involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins. The charges carry a maximum penalty of 18 months in prison and fines.
Hutchins died shortly after being wounded Oct. 21, 2021, during rehearsals at a ranch on the outskirts of Santa Fe. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza, on the set of the Western movie "Rust."
District Attorney Mary Carmack-Altwies is regrouping after the resignation of special prosecutor Andrea Reeb in the wake of missteps in the filing of initial charges against Baldwin and objections that Reeb's role as a state legislator created conflicting responsibilities.
Carmack-Altwies has been preparing to appoint a new special prosecutor and also guide the complex case as co-counsel. But a defence attorney for Gutierrez-Reed objected to the arrangement, arguing it would be illegal under New Mexico law and fundamentally unfair to a 25-year-old defendant with limited financial resources.
Marlowe Sommer, the judge, said Monday during a court hearing by videoconference that the district attorney had misread key provisions of state law in assembling a team to prosecute the case.
"Basically, what I'm ruling, Ms. Carmack-Altwies, is that you are going to use (the law) in the way I've interpreted it, which means that you may not co-counsel, or you stay the course and not use a special prosecutor and prosecute it on your own," Marlowe Sommer said.
Baldwin's attorneys did not intervene in Monday's arguments. A weeks-long preliminary hearing in May will decide whether evidence against Baldwin and Gutierrez-Reed is sufficient to proceed to trial.
Carmack-Altwies has several days to respond to the judge's ruling.
The district attorney said her agency is contending with a shortage of staff attorneys and that a new special prosecutor will need her help in getting up to speed on the case quickly. She also said her continued involvement as co-counsel would provide an extra measure of accountability as an an elected prosecutor to political constituents.
Defence Attorney Jason Bowles said the district attorney was unfairly exceeding her authority.
"We are representing Hannah Gutierrez-Reed -- she is a 25-year-old female who does not have all of those resources and does not have a war chest," Bowles said. "And the state is essentially saying we get to put all this money together, a special taxpayer appropriation, to go after not only Mr. Baldwin, but also Hannah Gutierrez-Reed. That's not what the statute was designed to do."
CTVNews.ca Top Stories
Prison service to review decision to transfer killer Bernardo to medium security
The federal prison service says it will have a second look at its decision to move convicted killer Paul Bernardo to a medium-security facility as political leaders of all stripes react to the news with shock and outrage.
Data shows COVID-19 hospitalizations, severe outcomes continue to decline, but we must remain vigilant: experts
Wastewater testing, hospitalization and death data from COVID-19 tell us the virus's spread continue to trend downward in Canada. But we're not at the end, and public health experts say we must heed lessons learned from the pandemic and remain vigilant. Read the analysis on CTVNews.ca.
Poilievre threatens to filibuster budget bill if Liberals don't meet demands
Conservative Leader Pierre Poilievre is threatening to use procedural tools to delay passage of the federal budget in the House of Commons if the Liberals don't meet his demands.
Small-brained ancient human cousins may have buried their dead, according to a surprising study
An ancient human cousin may have buried its dead and carved symbols into cave walls, surprising findings for a creature with a small brain.
Poor air quality, evacuations in multiple provinces due to wildfires
Wildfire smoke prompted warnings about poor air quality for many regions across the country, stretching from northern Alberta to the Atlantic.
About ducking time: Apple to tweak iPhone autocorrect function
One of the most notable happenings at Apple's event for developers on Monday is likely the iPhone maker's tweak that will keep its autocorrect feature from annoyingly correcting one of the most common expletives to 'ducking.'
Apple unveils sleek 'Vision Pro' goggles. Will it be what VR has been looking for?
Apple on Monday unveiled a long-rumoured headset that will place its users between the virtual and real world, while also testing the technology trendsetter's ability to popularize new-fangled devices after others failed to capture the public's imagination
The Fugees reunite for what may be their last performance
Lauryn Hill brought Wyclef Jean and Pras Michel on stage over the weekend to surprise attendees of the Roots Picnic in Philadelphia and it may be the last time fans see them together.
Experts say Ottawa's 'right to repair' consultation should prioritize consumer rights
Those in favour of creating a federal right to repair law say the government should avoid shaping such legislation according to the wishes of special interest lobbyists as Ottawa gets set to launch consultations on the issue.
Canada
-
Wildfire risk remains well above average across Canada this month
An area of land 11 times bigger than the city of Toronto burned from wildfires in the past four days -- Canada's worst spring wildfire season to date.
-
Prison service to review decision to transfer killer Bernardo to medium security
The federal prison service says it will have a second look at its decision to move convicted killer Paul Bernardo to a medium-security facility as political leaders of all stripes react to the news with shock and outrage.
-
Hydro One workers killed in 2017 helicopter crash were proud employees, inquest hears
Hydro One employees killed in a December 2017 helicopter crash in eastern Ontario were remembered by their families as proud tradespeople with 'lifetimes ahead of them,' as an inquest into their deaths opened Monday.
-
Evacuation notice extended for residents as forest fire burns near Calabogie, Ont.
Officials are asking people living around Centennial Lake to evacuate their homes as a forest fire burns in the area west of Calabogie, Ont. An evacuation order has been extended to Wednesday afternoon.
-
Vote-counting machines could lead to faster election results in Manitoba
Elections Manitoba is expecting faster results on election night Oct. 3, and has laid out a timeline that appears to be roughly twice as fast as the drawn-out affair experienced in Alberta last week.
-
Poor air quality, evacuations in multiple provinces due to wildfires
Wildfire smoke prompted warnings about poor air quality for many regions across the country, stretching from northern Alberta to the Atlantic.
World
-
Vienna finds off-kilter solution to controversy over statue of antisemitic mayor
The monument to Karl Lueger, a statue of an antisemitic politician who is said to have inspired Adolf Hitler, is to be tilted 3.5 degrees to the right.
-
'It was tough': World War II veterans return to Utah Beach to mark D-Day's 79th anniversary
World War II veterans shared vivid memories of D-Day and the fighting as dozens returned to Normandy beaches and key battle sites to mark the 79th anniversary of the decisive assault that led to the liberation of France and Western Europe from Nazi control.
-
Plane destroyed after flying over D.C., crashing in rural Virginia, leaving 4 dead
Federal investigators trudged through rugged terrain Monday in search of wreckage from a business jet to solve the mystery of why the plane veered off course and slammed into a mountain, killing four people.
-
WATCH
WATCH | Safety campaign shows falls, close calls involving kids in train stations
Australia's transit society Queensland Rail is using CCTV video of real-life falls and near-miss involving children at train stations in a new safety campaign.
-
Former U.S. VP Pence files paperwork launching 2024 presidential bid in challenge to Trump
Former U.S. Vice President Mike Pence filed paperwork on Monday declaring his campaign for president in 2024, setting up a challenge to his former boss, Donald Trump, just two years after their time in the White House ended with an insurrection at the U.S. Capitol and Pence fleeing for his life.
-
Mississippi harms free speech by requiring state permits before protests, lawsuit says
A new Mississippi law will restrict free speech by requiring people to obtain permission from state law enforcement officials for any protest near the statehouse, Governor's Mansion or other state government buildings in the capital city of Jackson, according to a lawsuit that seeks to block the mandate from taking effect July 1.
Politics
-
India among top actors for foreign interference in Canada: national security adviser
Prime Minister Justin Trudeau's national security adviser says India is among the top sources of foreign interference in Canada.
-
Poilievre threatens to filibuster budget bill if Liberals don't meet demands
Conservative Leader Pierre Poilievre is threatening to use procedural tools to delay passage of the federal budget in the House of Commons if the Liberals don't meet his demands.
-
EXCLUSIVE
EXCLUSIVE | Pride events in Canada facing higher security costs, feds offer $1.5M
The federal government will be providing $1.5 million to Pride organizations across the country for increased security measures at parades and other events this year, CTV News has learned.
Health
-
Using melatonin for sleep is on the rise, study says, despite potential health harms
More and more adults are taking over-the-counter melatonin to get to sleep, and some may be using it at dangerously high levels, a study has found.
-
Hormone patches or creams for menopause symptoms may have lower blood pressure risk than pills
Women often use hormone therapy to relieve hot flashes and other menopause symptoms -- and new research suggests patches or creams may be safer for their blood pressure than pills.
-
Depression, living in a disadvantaged neighbourhood may lead to faster aging: study
A new Canadian-led study has found that feeling depressed, along with living in a disadvantaged neighbourhood, may lead to premature aging.
Sci-Tech
-
About ducking time: Apple to tweak iPhone autocorrect function
One of the most notable happenings at Apple's event for developers on Monday is likely the iPhone maker's tweak that will keep its autocorrect feature from annoyingly correcting one of the most common expletives to 'ducking.'
-
Apple unveils sleek 'Vision Pro' goggles. Will it be what VR has been looking for?
Apple on Monday unveiled a long-rumoured headset that will place its users between the virtual and real world, while also testing the technology trendsetter's ability to popularize new-fangled devices after others failed to capture the public's imagination
-
Small-brained ancient human cousins may have buried their dead, according to a surprising study
An ancient human cousin may have buried its dead and carved symbols into cave walls, surprising findings for a creature with a small brain.
Entertainment
-
'Cheers' bar sells for $675,000 at Dallas auction of items from classic TV shows
The bar from the television series "Cheers" sold for $675,000 at auction over the weekend, garnering the highest bid among the nearly 1,000 props, costumes and sets from classic TV shows offered up from a collection amassed by one man over more than three decades.
-
The Fugees reunite for what may be their last performance
Lauryn Hill brought Wyclef Jean and Pras Michel on stage over the weekend to surprise attendees of the Roots Picnic in Philadelphia and it may be the last time fans see them together.
-
'Barbie' movie's pink paint splurge led to global shortage, production designer says
Creating the perfect backdrop for the upcoming “Barbie” movie required so much pink paint that it led to a global shortage, according to its production designer.
Business
-
U.S. sanctions Russian intelligence-linked group over efforts to destabilize pro-Western Moldova
The U.S. imposed sanctions Monday on a group of people linked to Russian intelligence who it said had helped the Kremlin destabilize Moldova's democratically elected, pro-Western government through protests in the Moldovan capital earlier this year.
-
Flair tops Canadian airlines with average number of complaints per 100 flights: CTA
The Canadian Transportation Agency says Flair Airlines Ltd. has the highest number of complaints per 100 flights of all the major airlines in Canada, as airlines have had a rocky recovery year with delayed and cancelled flights.
-
Apple shares hit all-time high ahead of developer conference
Apple Inc shares hit a record high for the first time in 17 months on Monday, ahead of an annual software developer conference, although their market value remained short of an all-time peak of US$3 trillion.
Lifestyle
-
Canadians spending 30 per cent more on travel compared to pre-pandemic levels
Canadians are continuing to spend more money on travel as the industry rebounds slowly from pandemic disruptions, according to a recent report — but many are opting for closer destinations, with travel to the U.S. on the rise.
-
Here's how 'code-switching' can hurt Black, Indigenous people in Canada
In a dominant white culture some Black, Indigenous and racialized people are 'code-switching' which could harm their mental health, one expert says.
-
Princess Eugenie gives birth to 2nd son
Princess Eugenie has given birth to a baby boy, Buckingham Palace announced Monday.
Sports
-
Ukrainian tennis star Elina Svitolina calls Russian opponent 'brave' following French Open win
Tennis player Elina Svitolina called her opponent, Russian Daria Kasatkina, a 'brave one' following the Ukrainian’s upset win on Sunday.
-
NCAA champ Rose Zhang 1st LPGA Tour winner in pro debut in 72 years, wins Mizuho in playoff
Rose Zhang lived up to all the pre-tournament hype as the next great women's golfer -- at least in her first week as a pro.
-
Milan's Zlatan Ibrahimovic hangs up his boots at 41
AC Milan's Sweden striker Zlatan Ibrahimovic said on Sunday he had decided to end his playing career at the age of 41 after a trophy-laden career at some of Europe's top clubs.
Autos
-
Ontario commits to cover 1/3 cost of Stellantis deal, Ford urges feds to close deal
Ontario has committed to paying a third of the cost to save a $5-billion electric vehicle battery plant in Windsor, Ont., premier Doug Ford said Thursday.
-
Alonso's long wait for 33rd F1 win goes on after disappointing Spanish GP
The prospect of Fernando Alonso ending a decade-long wait for his 33rd Formula One win in front of tens of thousands of fans at his home race proved too good to be true on Sunday.
-
Verstappen wins Spanish GP from pole for 40th career victory
Max Verstappen had warned that his Red Bull team was good enough to win every single race of the Formula One season. On Sunday he took one more step toward that ambitious sweep by easing to victory at the Spanish Grand Prix.
