Court Digest

New Mexico
The end of the ‘Rust’ criminal case against Alec Baldwin may unlock a civil suit

SANTA FE, N.M. (AP) — The conclusion of a criminal case against Alec Baldwin in the fatal shooting of a cinematographer clears the way for a related civil lawsuit by relatives of the deceased woman and efforts to depose the actor under oath, attorneys for plaintiffs in the civil suit said Tuesday.

At a news conference in Los Angeles, victims’ rights attorney Gloria Allred said that the parents and younger sister of deceased cinematographer Halyna Hutchins were disappointed that prosecutors won’t appeal the dismissal of an involuntary manslaughter charge against Baldwin. The criminal charge against Baldwin was dismissed halfway through trial in July on allegations that police and prosecutors withheld evidence from the defense.

Hutchins died shortly after being wounded during a rehearsal in the movie “Rust” in October 2021 at a film-set ranch on the outskirts of Santa Fe, New Mexico.

Baldwin, the lead actor and coproducer, was pointing a pistol at Hutchins when it discharged, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.

Allred said Hutchins’ relatives are determined to pursue damages and compensation from Baldwin and “Rust” producers in New Mexico civil court, and want Baldwin to answer questions under oath in the proceedings. Hutchins’ widower and son previously reached a separate legal settlement.

“With the withdrawal that was made public yesterday, we are now able to proceed with our civil case,” Allred said. “Clearly, the rights of Alec Baldwin were protected, but the due process rights of the victims — Halyna Hutchins and her parents and her sister — were violated.”

Allred said she’s ready to prove that Hutchins had a close relationship with her parents and sister — a prerequisite for seeking civil damages.

In November court filings in the civil lawsuit, Baldwin denied allegations that he was negligent or at fault in the shooting of Hutchins and sought to suspend the case. Attorneys for Baldwin could not immediately be reached Tuesday.

Allred read a statement from Hutchins’ sister, Svetlana Zemko, that said, “Mr. Baldwin must be held accountable.”

In April, a judge sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum of 1 1/2 years at a state penitentiary on an involuntary manslaughter conviction in Hutchins’ death.

Allred condemned New Mexico Attorney General Raúl Torrez for declining to appeal the dismissal of the criminal charge against Baldwin, calling him “the Grinch who stole Christmas” at the Christmas Eve news conference.

Torrez spokesperson Lauren Rodriguez defended the decision in an email, citing “significant procedural irregularities” identified by the judge in the criminal case.

“Attorney General Torrez will not prolong the grief and anguish of Ms. Hutchins’ family in the vain attempt to salvage the compromised criminal case against Mr. Baldwin,” Rodriguez said. “There are other victims’ families in Santa Fe County and across New Mexico who are awaiting justice, and our energy needs to be devoted to supporting those cases on appeal.”

Missouri
Judge strikes down part of law restricting access to court records

JEFFERSON CITY, Mo. (AP) — A judge struck down parts of a Missouri law requiring redactions of many court records, including the names of all witnesses and victims involved in lawsuits and criminal proceedings.

Moniteau County Associate Circuit Judge Aaron Martin, in an order issued on Friday, ruled that provisions of the 2023 law violate the First and Fourteenth Amendments to the U.S. Constitution, as well as a section of the Missouri Constitution, the St. Louis Post-Dispatch reported.

Critics said the result of the 2023 measure was one of the most restrictive redaction laws in the U.S., preventing journalists, appellate lawyers and others from obtaining routine information, including the names of people killed in homicides.

Mark Sableman, attorney for the Missouri Broadcasters Association, one of the plaintiffs, said in a statement that Martin’s order “restores Missouri court filings to the way they have always been for centuries, until last year — transparent and open to the public, except for those unusual situations where there is a proven need for confidentiality.”

It wasn’t clear if the state would appeal. A message was left Tuesday with the Missouri Attorney General’s Office.

The lawsuit was filed in May.

Arkansas
Judge rules law allowing criminal charges against librarians is unconstitutional

FAYETTEVILLE, Ark. (AP) — A federal judge on Monday struck down key parts of an Arkansas law that would have allowed criminal charges against librarians and booksellers for providing “harmful” materials to minors.

U.S. District Judge Timothy Brooks found that elements of the law are unconstitutional.

“I respect the court’s ruling and will appeal,” Arkansas Attorney General Tim Griffin said in a statement to The Associated Press.

The law would have created a new process to challenge library materials and request that they be relocated to areas not accessible to children. The measure was signed by Republican Gov. Sarah Huckabee Sanders in 2023, but an earlier ruling had temporarily blocked it from taking effect while it was being challenged in court.

“The law deputizes librarians and booksellers as the agents of censorship; when motivated by the fear of jail time, it is likely they will shelve only books fit for young children and segregate or discard the rest,” Brooks wrote in his ruling.

A coalition that included the Central Arkansas Library System in Little Rock had challenged the law, saying fear of prosecution under the measure could prompt libraries and booksellers to no longer carry titles that could be challenged.

“This was an attempt to ‘thought police,’ and this victory over totalitarianism is a testament to the courage of librarians, booksellers, and readers who refused to bow to intimidation,” said Holly Dickson, executive director of the ACLU of Arkansas.

But supporters of the law, known as Act 372, say they will continue to fight for its implementation.

“Act 372 is just common sense: schools and libraries shouldn’t put obscene material in front of our kids,” Arkansas Gov. Sarah Huckabee Sanders said in a statement to KATV-TV. “I will work with Attorney General Griffin to appeal this ruling and uphold Arkansas law.”

The ruling comes as lawmakers in some conservative states are pushing for measures making it easier to ban or restrict access to books.

Laws restricting access to certain materials or making it easier to challenge them have been enacted in several other states, including Iowa, Indiana and Texas.


Hawaii
Medical examiner says a crime boss died of a drug overdose while in federal detention

HONOLULU (AP) — A Hawaii crime boss who died in federal detention this month was killed by an opioid overdose, Honolulu’s medical examiner said Tuesday.

Michael Miske, 50, died of “toxicity of fentanyl and para-fluorofentanyl,” the medical examiner’s office said in a statement. The death appears to have been accidental but the case is still under investigation, it added, and an autopsy report will likely take at least another 30 days.

It’s not clear how Miske got ahold of fentanyl or para-fluorofentanyl while at the Honolulu Federal Detention Center. Para-fluorofentanyl is a synthetic opioid that appears in illicit drugs and is more potent than fentanyl.

The Bureau of Prisons did not immediately respond to an email seeking comment.

Miske was found unresponsive at the lockup on Dec. 1. Efforts by staff and emergency medical responders failed to save him, the agency said.

He was convicted in July on 13 charges including racketeering conspiracy, murder in the aid of racketeering, and kidnapping resulting in death. He was accused of orchestrating crimes that included the kidnapping of a 72-year-old accountant who owed a debt, the release of a toxic chemical into a rival’s nightclubs and the killing of his late son’s best friend.

The conviction entitled the government to take control of up to $28 million in Miske’s assets, including boats, houses and artwork.

He was scheduled to be sentenced on Jan. 30.

The Bureau of Prisons operates 122 federal lockups across the country. It has suffered a series of incidents and crises in recent years, from rampant sexual abuse and other criminal misconduct by staff to chronic understaffing, escapes and high-profile deaths.

In August an inmate and two other people were charged with conspiring to mail drugs to a penitentiary in California, where a mailroom supervisor died after opening a letter that prosecutors said was laced with fentanyl and other substances.

Florida
Trial of man accused in Trump assassination attempt pushed back to September

ORLANDO, Fla. (AP) — A man accused of attempting to assassinate President-elect Donald Trump in South Florida won’t be tried until September 2025, a federal judge ruled this week.

Ryan Routh’s trial will begin Sept. 8 instead of the previously scheduled Feb. 10, 2025 start date, U.S. District Judge Aileen Cannon said in an order released on Monday.

Routh, 58, a Hawaii resident, has pleaded not guilty.

Routh’s attorneys had asked the judge to delay the trial until no earlier than next December, saying they needed more time to review the evidence against him and decide whether to mount an insanity defense.

Routh owned 17 cellphones and numerous other electronic devices, and there are hundreds of hours of police body camera and surveillance videos that have been provided to the defense, Routh’s attorneys argued during a hearing two weeks ago in Fort Pierce, Florida.

In her order, Cannon said she wanted to err on the side of providing more time given the seriousness of the allegations, but that starting the trial no earlier than December would be an excessive amount. A September trial date didn’t amount to an “unreasonable delay,” she said.

The judge said that any insanity defense or any request related to Routh’s mental competency must be made by early February. Any visit to the scene of the assassination attempt must be made by the end of February.

Prosecutors say Routh methodically plotted to kill Trump for weeks before aiming a rifle through the shrubbery as Trump played golf on Sept. 15, 2024 at his West Palm Beach country club. Before Trump came into view, Routh was spotted by a Secret Service agent. Routh allegedly aimed his rifle at the agent, who opened fire, causing Routh to drop his weapon and flee without firing a shot. Prosecutors say he left behind a note describing his intentions.

He was arrested a short time later driving on a nearby interstate.

Routh’s charge of attempted assassination of a major presidential candidate carries a potential life sentence in the event of a conviction. Other charges include assaulting a federal officer and three firearms counts. He is being held without bail at the federal jail in Miami.

Routh’s arrest came two months after Trump was shot and wounded in the ear in an assassination attempt during a campaign rally in Pennsylvania. The Secret Service acknowledged failings leading up to that shooting but has said security worked as it should have to thwart the potential Florida attack.