New Mexico In Focus
’Rust’ Trial Begins, New Consent Bill & ABQ Councilor Rogers
Season 17 Episode 35 | 58m 54sVideo has Closed Captions
This week, we hear from an attorney and journalist about the ongoing 'Rust' trials.
This week, we hear from an attorney and journalist about the ongoing and upcoming trials of armorer Hannah Gutierrez-Reed and actor/producer Alec Baldwin, each charged in the 2021 on-set deadly shooting of cinematographer Halyna Hutchins. Albuquerque City Councilor Nichole Rogers tells us her District 6 priorities. A representative and a policy advocate speak on their affirmative consent bill.
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New Mexico In Focus is a local public television program presented by NMPBS
New Mexico In Focus
’Rust’ Trial Begins, New Consent Bill & ABQ Councilor Rogers
Season 17 Episode 35 | 58m 54sVideo has Closed Captions
This week, we hear from an attorney and journalist about the ongoing and upcoming trials of armorer Hannah Gutierrez-Reed and actor/producer Alec Baldwin, each charged in the 2021 on-set deadly shooting of cinematographer Halyna Hutchins. Albuquerque City Councilor Nichole Rogers tells us her District 6 priorities. A representative and a policy advocate speak on their affirmative consent bill.
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Learn Moreabout PBS online sponsorship>> FUNDING FOR NEW MEXICO IN FOCUS PROVIDED BY VIEWERS LIKE YOU.
>> Lou: THIS WEEK ON NEW MEXICO IN FOCUS, THE CIRCUS COMES TO SANTA FE AS THE NATIONAL MEDIA DESCEND ON THE COURTHOUSE FOR THE TRIAL OF ARMORER HANNAH GUTIERREZ-REED IN THE FATAL RUST FILM SET SHOOTING.
PLUS -- >> DEFINITELY THE TRUST HAS BEEN LOST.
I THINK WE WERE MAKING SOME STRIDES BUT THIS DEFINITELY SET US BACK.
JUST NO OTHER WAY TO SAY IT.
IT IS THE TRUTH.
>> Lou: NEWLY ELECTED ALBUQUERQUE CITY COUNCILOR, NICHOLE ROGERS, LAYS OUT HER PRIORITIES AND TELLS US HOW THE CORRUPTION INVESTIGATION OF APD HAS HURT PUBLIC TRUST OF POLICE IN HER DISTRICT.
NEW MEXICO IN FOCUS STARTS NOW.
THANKS FOR JOINING US THIS WEEK.
I AM SENIOR PRODUCER LOU DIVIZIO.
THE TRIAL OF RUST FILM SET ARMORER, HANNAH GUTIERREZ-REED BEGAN THIS WEEK IN SANTA FE.
SHE'S CHARGED WITH INVOLUNTARY MANSLAUGHTER AND EVIDENCE TAMPERING IN THE DEADLY SHOOTING OF CINEMATOGRAPHER HALYNA HUTCHINS IN 2021.
IT IS THE FIRST OF TWO EXPECTED TRIALS WITH A SECOND FOR ACTOR AND PRODUCER ALEC BALDWIN YET TO BE SCHEDULED.
LATER IN THE SHOW WE SIT DOWN WITH AN ATTORNEY AND A JOURNALIST TO TALK ABOUT BOTH CASE.
WE'LL BREAKDOWN THE CHARGES, THE POLITICS AND THE POTENTIAL INDUSTRY IMPACTS.
A BILL TO BRING AFFIRMATIVE CONCEPT POLICIES TO PUBLIC UNIVERSITIES AND COLLEGES ACROSS THE STATE IS HEADED TO THE GOVERNOR'S DESK AFTER PASSING THE LEGISLATURE LAST WEEK.
THE YES MEANS YES LEGISLATION WOULD REQUIRE HIGHER EDUCATION INSTITUTIONS TO INCLUDE MATERIALS AND RESOURCES IN STUDENT ORIENTATION PACKAGES.
IN THE SECOND HALF OF THE SHOW, REPRESENTATIVE LIZ THOMSON, WHO SPONSORED THE BILL, AND ADVOCATE ALEXANDRIA TAYLOR STOPPED BY THE STUDIO TO DISCUSS HOW CONSENT EDUCATION CAN HELP PREVENT SEXUAL ASSAULT AND TO EXPLAIN HOW THE BILL WAS AMENDED TO LEAVE THIS NEW CURRICULUM OUT OF K THROUGH 12 CLASSROOMS.
BUT, FIRST, AN INTERVIEW WITH NEWLY ELECTED ALBUQUERQUE CITY COUNCILOR NICHOLE ROGERS.
AFTER WINNING A RUNOFF ELECTION LAST FALL, ROGERS BEGAN HER TENURE REPRESENTING DISTRICT 6, ALBUQUERQUE'S SOUTHEAST HEIGHTS, IN JANUARY.
THIS WEEK WE ASKED ROGERS ABOUT HER PRIORITIES FOR THE DISTRICT AND WHAT IT MEANS TO HER TO BE THE FIRST BLACK WOMAN TO SERVE ON ALBUQUERQUE CITY COUNCIL.
ALBUQUERQUE CITY COUNCILOR, NICHOLE ROGERS, THANK YOU SO MUCH FOR BEING HERE.
>> Rogers: THANK YOU FOR HAVING ME.
>> LOU: NOW WE ARE NEARLY TWO MONTHS INTO YOUR FIRST YEAR AS A CITY COUNCILOR FOR ALBUQUERQUE.
HOW HAS THOSE FIRST COUPLE OF MONTHS GONE AND WHAT CONCERNS HAVE YOU HEARD FROM YOUR CONSTITUENTS, BOTH IN YOUR CAMPAIGN AND SINCE YOU HAVE TAKEN OFFICE.
>> Rogers: THANK YOU.
TWO MONTHS, YES, IT FEELS LIKE I HAVE BEEN HERE A LOT LONGER WHICH IS A GOOD THING.
AND I THINK THE BIGGEST DEADLINE FOR US WAS OUR CAPITAL REQUEST FOR THE LEGISLATURE WITH THE SESSION THAT JUST CAME IN, SO I REALLY PROMISED TO HIT THE GROUND FUNNING AND WE REALLY HIT THE GROUND RUNNING.
RIGHT AFTER THE RUN-OFF ELECTION DECEMBER 12, AFTER CHRISTMAS, I WENT RIGHT INTO THE OFFICE TO START GETTING JUST GETTING A HANDLE ON WHERE WE WERE IN OUR DISTRICT, ASKING THE DEPARTMENTS TO GIVE ME A LIST OF EVERYTHING THAT HAS HAPPENED AS FAR AS PROJECTS, WHETHER IT IS PARKS, ROADS, STREETS, HOUSING, WHATEVER PROJECTS ARE SLATED FOR OUR DISTRICT, GIVE ME A LIST OF THOSE, HOW MUCH FUNDING DO WE ALREADY HAVE, HOW MUCH FUNDING DO WE NEED TO BE ABLE TO FINISH THESE PROJECTS, SO I CAN MAKE SOME THOUGHTFUL REQUESTS TO THE LEGISLATURE.
MET THE DEADLINE BY JANUARY 11, GOT SWORN IN JANUARY 2 AND REALLY JUST HAVE HIT THE GROUND RUNNING, MAKING SURE I GET BACK TO THE NEIGHBOR ASSOCIATIONS TO BEGIN TO SET OUR DIRECTION FOR WHERE WE WANT TO GO IN THE NEXT FOUR YEARS.
SOME OF THE THINGS I HEARD, I THINK THEY REALLY HAVEN'T CHANGED FROM THE CAMPAIGN TO NOW, WHICH IS HOMELESSNESS AND HOUSING, PUBLIC SAFETY.
STILL A BIG CONCERN FOR ESPECIALLY MY DISTRICT.
POVERTY IS REALLY THE OTHER ONE THAT I HAVE BEEN FOCUSING ON NOT JUST IN THE ELECTION BUT NOW TRYING TO GET A HANDLE ON WHAT THE CITY IS DOING FOR POVERTY, WHICH IS NOT TOO MUCH.
SO WE HAVE A LOT OF WORK THERE TO DO, ESPECIALLY BECAUSE DISTRICT 6, ALL OF THE POVERTY FOR BERNALILLO COUNTY IS REALLY CENTERED IN DISTRICT 6, SO WE HAVE TO THINK ABOUT THAT AS WELL.
>> Lou: THOSE THINGS THAT YOU JUST MENTIONED, IS THERE SOMETHING SPECIFIC AMONG THEM THAT INSPIRED YOU TO RUN IN THE FIRST PLACE THAT YOU WANTED TO GET ACCOMPLISHED.
>> Rogers: FOR ME, I REALLY WANTED TO ALIGN THE COMMUNITY VOICE WITH THE CITY'S PRIORITIES.
HAVING WORKED IN THE CITY THE LAST COUPLE OF YEARS AND BEING A COMMUNITY ACTIVIST AND DOING COMMUNITY WORK, I OFTEN SAW THOSE PRIORITIES NOT ALIGNING.
AND I REALLY DIDN'T SEE REPRESENTATION FOR ME AND SO THAT IS REALLY WHAT INSPIRED ME TO JUST SAY, WHY NOT ME?
SO, I JUMPED IN THE RACE LATE, LAST CANDIDATE TO GET IN THE RACE.
WE HAD SIX TO START AND FOUR ENDED UP ON THE BALLOT AND THEN HAD TO DO A RUNOFF, SO, YES.
>> Lou: SPEAKING OF THAT REPRESENTATION, WHAT DOES IT MEAN TO YOU TO BE THE FIRST BLACK WOMAN SERVING ON ALBUQUERQUE'S CITY COUNCIL?
>> Rogers: I FEEL THE WEIGHT OF THE RESPONSIBILITY, I THINK, IS THE FIRST THING THAT COMES TO MIND.
IT IS SAD THAT IT HAS TAKEN THIS LONG, SO, BUT I REALLY DURING THE CAMPAIGN DIDN'T PUSH THAT UP AS MUCH AS I THINK MOST PEOPLE WANTED ME TOO.
I WANTED PEOPLE TO CHOOSE ME BECAUSE I AM SMART, I HAVE EXPERIENCE AND LIVED EXPERIENCE AND PROFESSIONAL EXPERIENCE THAT COULD REALLY HELP US ALIGN MORE OF THE CITY'S PRIORITIES WITH THE COMMUNITY'S PRIORITIES.
SO, I JUMPED IN.
AND I AM EXCITED THAT I DID AND IT WAS A LOT.
BUT I AM EXCITED.
>> Lou: I AM SURE IT IS HARD TO BALANCE THOSE THINGS AND HAVE YOU HEARD FROM BLACK RESIDENTS IN YOUR DISTRICT BUT ACROSS THE WHOLE CITY TOO, ABOUT WHAT IT IS LIKE FOR THEM TO SEE THEMSELVES REPRESENTED ON THE COUNCIL?
>> Rogers: I THINK THAT WAS THE MOST OVERWHELMING MOMENT, I THINK, DURING THE SWEARING IN TO SEE HOW MANY COMMUNITY MEMBERS CAME TO SEE ME GET SWORN IN.
PEOPLE COMMENTING THAT THEY HAD THE SAME FEELINGS THEY FELT WHEN THEY WATCHED OBAMA GET INTO OFFICE, WHICH WAS LIKE, WHOA, CAN'T EVEN FATHOM THAT FOR MYSELF, BUT REPRESENTATION MATTERS.
IT REALLY, REALLY DOES.
SO TO BE IN, YOU KNOW, IN THE LINE OF GREATS LIKE DR. LENTON MALLORY AND OTHERS THAT HAVE THE BEEN FIRST IN OUR STATE, IT IS REALLY AN HONOR BUT I AM REALLY WEIGHED DOWN BY JUST WANTING TO DO A GOOD JOB.
>> Lou: NOW, EARLIER THIS MONTH, YOU AND COUNCILOR RENEE GROUT SPONSORED A BILL TO CREATE A WORKING GROUP TO REIMAGINE THE CITY'S MOTEL VOUCHER PROGRAM.
HOW EXACTLY DOES THAT PROGRAM WORK NOW AND WHAT PROBLEMS DO YOU SEE THAT YOU WERE HOPING TO ADDRESS?
>> Rogers: SURE.
I THINK RIGHT NOW WE DON'T -- WE HAVE MOTEL VOUCHERS FOR EMERGENCY SITUATIONS FOR INDIVIDUALS OR FAMILIES WHO ARE EXPERIENCING SOME TRAUMA.
SO, DV, DOMESTIC VIOLENCE KIND OF SITUATIONS, UNSHELTERED, FOLKS WHO ARE JUST HAVING A GAP.
AND SO THAT IS TYPICALLY WHAT MOST OF OUR VOUCHERS, HOTEL VOUCHERS, ARE USED FOR.
BUT WHAT I DON'T SEE IS MORE COLLABORATION AMONG NOT ONLY CITY DEPARTMENTS BUT ALSO THE HOTELIERS THAT ARE ACCEPTING THOSE VOUCHERS, MAKING SURE WE TAKE THEIR NEEDS INTO CONSIDERATION WHEN WE ARE HOUSING FOLKS THAT ARE IN TRAUMA.
IT COULD POTENTIALLY, YOU KNOW, CAUSE SOME ISSUES FOR SOME OF THE HOTELIERS, WE WANT TO BRING A TEAM TOGETHER, PEOPLE WHO HAVE LIVED THE EXPERIENCE WHO USED THE VOUCHERS SYSTEM, PEOPLE WHO HAVE ADMINISTERED THE VOUCHERS AND HOTELIERS WHO CAN COME TOGETHER AND REALLY TALK ABOUT HOW TO MAKE THAT A BETTER PROCESS FOR FOLKS.
SO THAT WE CAN MAXIMIZE THE DOLLARS THAT WE HAVE FOR THAT WHICH IS QUITE A BIT.
I WANT TO SAY WE HAVE OVER FIVE MILLION FOR MOTEL VOUCHERS SO WE WANT TO MAKE SURE WE USE THEM IN THE RIGHT WAY TO HELP PEOPLE OVER THE GAP BUT TAKE INTO ACCOUNT THINGS THAT HOTELIERS ARE HAVING TO DEAL WITH TOO.
>> Lou: NOW HOMELESSNESS, OF COURSE, IS A SIGNIFICANT ISSUE THAT WE HAVE BEEN DEALING WITH THAT THAT PROGRAM TIES INTO A BIT TOO.
LAST MONTH YOU TALKED ABOUT REQUEST THAT YOU MADE TO THE CITY ATTORNEY FOR A SCRIPT FOR CITY EMPLOYEES WHEN DEALING WITH HOMELESS ENCAMPMENTS ON CITY PROPERTY.
HAVE YOU RECEIVED THAT SCRIPT YET?
>> Rogers: YES, WE DID.
IT TOOK ABOUT TWO WEEKS OR SO, TWO-AND-A-HALF WEEKS AND ACTUALLY IT WAS A SCRIPT THEY MENTION THE HAD ALREADY EXISTED.
SO IT WAS MORE LIKE, WELL JUST -- WHAT I WAS ASKING FOR WAS REALLY A PROCESS, A WRITTEN PROCESS OF HOW WE ARE RESPONDING THAT IS NOT JUST FOR STAFF BUT ALSO SO COMMUNITY KNOWS THE EXPECTATIONS.
ESPECIALLY WHEN YOU'RE TALKING ABOUT WHERE PEOPLE CAN CAMP, WITH OUR ENCAMPMENTS.
AND SO, FOR ME IT IS ABOUT KNOWING THAT WE HAVE AN ACTUAL DEFINED PROCESS THAT ALL OF OUR DEPARTMENTS ARE FOLLOWING AND I THINK THAT LINE OF QUESTIONS LED US THERE.
I DON'T THINK WE HAD IT BEFORE.
AND SO I THINK THE BOTTOM LINE IS I WANT TO SEE A MORE HUMANE, DIGNIFIED RESPONSE TO HOW WE DEAL WITH UNSHELTERED FOLKS.
BOTTOM LINE WE DON'T HAVE A LOT OF PLACES FOR FOLKS TO GO IF THEY DO NOT WANT TO BE IN A SHELTER AND THAT IS WHAT WE NEED TO -- WE NEED TO WORK ON IS THE WHOLE CONTINUUM, MEETING PEOPLE WHERE THEY ARE, GETTING THEM STABLE TO BE ABLE TO BE HOUSED I THINK IS WHAT WE ARE MISSING.
YES, I DID GET THAT INFORMATION, REVIEWING OVER JUST WHAT THE PROCESS IS, HOW MANY DEPARTMENTS ARE INVOLVED IN THAT PROCESS.
IT IS HARD TO ALIGN WITH FIVE DIFFERENT DEPARTMENTS DOING THE SAME KIND OF WORK.
I AM EXCITED THAT WE ARE MOVING TOWARDS A MORE DEFINED PROCESS.
>> Lou: ARE SATISFIED WITH THE SCRIPT ITSELF AND IS THERE A PLACE THAT THE PUBLIC CAN SEE IT?
>> Rogers: YEAH, ACTUALLY, I HADN'T THOUGHT ABOUT GETTING IT ON LINE.
I WILL ABSOLUTELY DO THAT.
I AM JUST KIND OF READING IT FOR MYSELF AND TRYING TO UNDERSTAND.
YOU KNOW, I THINK FOR THE SCRIPTING, FOR MYSELF, I DON'T THINK IT IS -- I DON'T PERSONALLY THINK IT IS ENOUGH.
LAUREN KEEFE, OUR CITY ATTORNEY, TALKED ABOUT THINGS LIKE GETTING PEOPLE STORAGE BINS, SO THAT WE CAN STORE THEIR THINGS SO THEY DON'T LOSE PRECIOUS BELONGINGS LIKE DRIVER'S LICENSES, BIRTH CERTIFICATES, THINGS LIKE THAT.
I DIDN'T SEE THAT IN THE SCRIPT SO I DON'T FEEL CONFIDENT THAT WE ARE ACTUALLY DOING THAT.
I THINK WHEN NEED TO FLUSH OUT A COUPLE DETAILS FIRST AND THEN I WOULD ABSOLUTELY LOVE TO GET THAT OUT TO COMMUNITIES, THEN WE ALL KNOW WHAT TO EXPECT.
>> Lou: HOW DOES IT FIT WITH THE INJUNCTION THAT THE CITY IS FACING RIGHT NOW, TOO, TIED TO THE LAWSUIT AFTER THE CLEARING OF CORONADO PARK?
>> Rogers: I KNOW WE WERE WAITING ON MORE CLARIFICATION OF WHAT THE JUDGMENT FROM AS FAR AS YOU NEED A PLACE TO GO BEFORE YOU CLEAR THEM.
I FELT PRETTY CLEAR ABOUT WHAT THAT MEANT.
IT MEANS IF YOU MOVE SOMEONE FROM A PLACE YOU NEED TO HAVE ANOTHER PLACE FOR THEM TO GO.
SO, WITH THE INJUNCTION THAT IS STILL IN PLACE, AND SO WE STILL NEED TO RESPOND, THOUGH, AND SO WE JUST NEED TO MAKE SURE THAT OUR RESPONSE IS HUMANE AND DIGNIFIED AND WE HAVE AN ACTUAL PLACE TO GO, TO SEND PEOPLE.
OUR CAPACITY, I THINK THAT IS THE BIGGEST THING THE PUBLIC NEEDS TO KNOW.
THE CITY'S CAPACITY IS BASED ON THE CONTRACTORS WE HIRE TO DO THE WORK AND NOW THE CITY PRETTY MUCH HAS ONE CONTRACTOR FOR ALL OF HOMELESSNESS.
SO MY WORK IS FOCUSED ON TECHNICAL ASSISTANCE OF OTHER PROVIDERS TO MAKE SURE THEY CAN BID FOR THESE JOBS AT THE CITY AND ACTUALLY HELP US, BECAUSE RIGHT NOW THAT IS A BARRIER.
I AM TALKING TO A LOT OF OUR PROVIDERS IN OUR DISTRICTS AND THEY DON'T HAVE THE TECHNICAL ASSISTANCE TO BE ABLE TO GO AFTER THE BIG RFP'S THAT THE CITY PUTS OUT FOR HOMELESSNESS.
SO, WE HAVE TO DO BETTER AT GETTING FOLKS WHO ARE ALREADY DOING WORK, WHO DON'T GET CITY FUNDING, ACCESS TO THAT BY TECHNICAL ASSISTANCE SO THEY CAN HELP US DO THIS WORK.
>> Lou: DURING LAST FALL'S RACE, YOU CAMPAIGNED ON INTRODUCING A PILOT UNIVERSAL BASIC INCOME PROGRAM TO ADDRESS POVERTY IN THE CITY.
WHAT EXACTLY WOULD THIS PROGRAM LOOK LIKE AND HAVE YOU HAD ANY PROGRESS INTRODUCING IT INTO COUNCIL?
>> Rogers: WE HAVEN'T INTRODUCED IT YET.
THE GREAT THING IS WE ALREADY HAD THE GROUND WORK LAYED FOR THIS.
PREVIOUSLY IN MY WORK WITH CANNABIS EQUITY, ACTUALLY LEGISLATION THAT COUNCIL DID PASS AT THE END OF LAST YEAR, SAID WE COULD USE TAX REVENUE FROM CANNABIS FOR A PILOT FOR UNIVERSAL BASIC INCOME.
THAT GROUNDWORK IS ALREADY LAYED.
RIGHT NOW I AM PULLING TOGETHER FOLKS.
LIKE WE HAVE ALBUQUERQUE FOR GUARANTEED BASIC INCOME THAT I AM GOING TO BE ENGAGING.
I AM RESEARCHING WHETHER PILOTS HAVE ALREADY BEEN DONE IN OUR STATE SO WE CAN PUT TOGETHER A REALLY GOOD PILOT FOR ALBUQUERQUE.
WHAT I AM LOOKING AT IS TO BE SMART AND HAVE ALIGNMENT WITH OTHER ISSUES IN THE CITY SPECIFICALLY HIRING FOR LIKE POLICE, FRONT LINE FIREFIGHTERS, BUS DRIVERS, IS DOING IT FOR STUDENTS WHO ARE ENROLLED AT CNM IN THESE PROGRAMS.
SO, SAYING, HEY, LIKE YOU'RE ALREADY DOING SOMETHING TO FURTHER YOUR LIFE, YOUR CAREER, GIVE YOU LITTLE BASIC INCOME TO HELP YOU GET OVER THAT HUMP IN THE HOPES THAT YOU COME WORK FOR US AFTER YOU GRADUATE.
SO THAT IS KIND OF WHAT I AM FLOATING AROUND WITH COMMUNITIES TO SEE HOW THAT WOULD FLUSH OUT.
BUT I THINK THAT WOULD BE A REALLY GREAT WAY FOR US TO DO TWO THINGS AT THE SAME TIME, WHERE WE ARE HELPING FOLKS OVER THE HUMP BUT HOPEFULLY GETTING SOME MORE HIRES INTO OUR TOUGH-TO-FILL JOBS AT THE CITY.
I AM EXCITED ABOUT THAT.
WE ARE GOING TO BE HAVING SOME STRATEGY SESSIONS AROUND POVERTY AND AROUND THIS UNIVERSAL BASIC INCOME IN MARCH SO THOSE DATES ARE ALREADY ON THE WEBSITE.
YOU CAN GO TO THESE, YOU CAN RSVP TO COME AND HELP GIVE US INPUT ABOUT THAT.
BECAUSE I DON'T WANT TO COME UP WITH ALL THIS MYSELF.
I WANT TO BE FOCUSED ON COMMUNITY HELPING ME DIVINE AND DECIDE ON THESE PLANS BEFORE WE MOVE FORWARD.
>> Lou: I WANT TO ASK A FEW QUESTIONS ABOUT THE FEDERAL INVESTIGATION INTO THE APD'S DWI UNIT.
ACCORDING TO CITY DESK ABQ, APD'S INTERNAL INVESTIGATION HAS EXPANDED TO INCLUDE TWO INTERNAL AFFAIRS OFFICERS, ONE LIEUTENANT WITHIN THE INTERNAL AFFAIRS DEPARTMENT.
SO THAT IS TWO MEMBERS OF THAT DEPARTMENT.
THAT MAKES SEVEN OFFICERS UNDER INVESTIGATION OVERALL.
WHEN THE STORY FIRST BROKE A FEW WEEKS, YOU AND OTHERS ON THE COUNCIL EXPRESSED FRUSTRATION WITH HOW YOU FOUND OUT ABOUT IT.
A BIT OF A LACK OF COMMUNICATION FROM THE KELLER ADMINISTRATION.
SINCE ITS BROKEN, HAS THAT COMMUNICATION GOTTEN ANY BETTER?
ARE YOU MORE SATISFIED AS THESE NEW DEVELOPMENTS COME OUT?
>> Rogers: YEAH, I THINK ALL OF US WERE SHOCKED THAT WE DIDN'T AT LEAST GET A COURTESY CALL SOMETHING LIKE THIS WAS HAPPENING.
I UNDERSTAND THAT THERE IS AN INVESTIGATION HAPPENING AND THEY CAN'T KIND OF DIVULGE ALL OF THOSE FOR THE INVESTIGATIVE PURPOSES, BUT AT LEAST A HEADS UP WOULD HAVE BEEN NICE SO WE ARE NOT FIELDING THESE CALLS, HEY, DID YOU HEAR ABOUT APD.
AND I AM SAYING, WHAT, WHAT HAPPENED?
AND HAVING TO GO LOOK ON THE NEWS TO FIND IT OUT.
SO THAT IS JUST NEVER A GOOD WAY TO FIND SOMETHING OUT LIKE THAT.
WE DON'T LIKE BEING BLINDSIDED JUST LIKE THE ADMINISTRATION DOESN'T LIKE BEING BLINDSIDED.
SO I THINK SINCE THAT HAPPENED WE HAVE A LOT MORE COMMUNICATION WITH APD REGARDING WHAT IS HAPPENING AND THE FACT THEY ARE GOING TO LAUNCH AN INTERNAL INVESTIGATION.
WHICH OUR QUESTIONS WERE, WELL, WHEN YOU FOUND OUT ABOUT THIS HOWEVER LONG AGO, WHY DIDN'T THE INTERNAL INVESTIGATION START THEN?
NOT WHEN IT HIT THE NEWS?
SO, I THINK THE BOTTOM LINE IS WE NEED TO FIGURE OUT WHAT HAPPENED.
WE NEED TO FIGURE OUT PROCESSES TO MAKE SURE -- POLICIES, PROCEDURES, TO MAKE SURE IT NEVER HAPPENS AGAIN.
SO, I AM COMMITTED TO WORKING WITH APD AND FBI TO MAKE SURE THIS DOESN'T HAPPEN AGAIN AND THAT MEANS WE HAVE TO LOOK AT OUR PROCESSES.
I AM ALSO CALLING ON THE STATE TO ALSO, LET'S THINK ABOUT THIS ON A BIGGER SCALE.
NOT JUST DWI CASES.
I AM ALSO CONCERNED WITH DOMESTIC VIOLENCE CASES AND FAILURE TO APPEAR ACROSS THE WHOLE SPECTRUM.
NOT JUST DWI'S.
SO I WOULD LIKE TO CALL FOR THE STATE TO PUT TOGETHER AN ACTUAL STATE-WIDE DATA BASE, WHERE ALL OF THE ENTITIES ACTUALLY CAN TALK TO EACH OTHER AND NOT HAVE DIFFERENT SYSTEMS THAT DON'T TALK TO EACH OTHER.
I THINK THAT IS GOING TO HELP US IN A LOT OF AREAS AND I WOULD LIKE TO SEE THE STATE WORK WITH US TO DO SOMETHING LIKE THAT.
IN THE INTERIM, WHILE WE HAVE THE NEXT SESSION, NEXT YEAR, WE CAN COME UP WITH A PROCESS AND A PLAN TO DO THAT.
I AM GOING TO BE CALLING THE STATE TO DO THAT AND WORKING WITH COUNTY AND CITY ON SOME DIFFERENT PROGRAMS.
I AM LOOKING AT ONE THAT WE ARE LOOKING AT CALLED UNITE US, THAT WOULD DO THAT, WOULD HELP US COMMUNICATE ACROSS ALL OF THE SYSTEMS.
WE DID IT IN HEALTHCARE.
I HAVE A HEALTHCARE BACKGROUND.
WITH AFFORDABLE CARE ACT MANDATED THAT WE HAVE ELECTRONIC MEDICAL RECORDS, AND THAT ALL SYSTEMS HAD TO TALK TO EACH OTHER.
SO THAT PATIENTS HAD WHAT THEY NEEDED.
SAME HERE.
WE NEED TO BE ABLE TO HAVE THAT INFORMATION TO BE ABLE TO DO WHAT WE NEED TO DO TO KEEP PEOPLE SAFE.
>> Lou: HOW HAS THE SITUATION, IN YOUR ESTIMATION, AFFECTED THE PUBLIC TRUST IN POLICE, ESPECIALLY IN DISTRICT 6 WHERE POLICE HAVE A HISTORICALLY STRAINED RELATIONSHIP WITH THE PUBLIC?
>> Rogers: IT DEFINITELY SET US BACK.
I THINK, YOU KNOW, ESPECIALLY DOING WORK WITH TRYING TO STRENGTHEN THOSE RELATIONSHIPS WITH THE BLACK COMMUNITY AND POLICE, I THINK THIS DEFINITELY -- THE TRUST HAS BEEN LOST.
I THINK WE WERE MAKING SOME STRIDES BUT THIS DEFINITELY SET US BACK.
JUST NO OTHER WAY TO SAY IT.
IT IS THE TRUTH.
SO, NOW WE HAVE TO BE MORE TRANSPARENT THAN WE ARE USED TO AND WE HAVE TO BE OPEN AND NOT BE AFRAID TO BE TRANSPARENT ABOUT WHAT WE NEED TO DO TO MAKE THINGS BETTER.
>> Lou: WE'LL KEEP AN EYE ON THAT STORY, OF COURSE.
BEYOND WHAT WE HAVE DISCUSSED ALREADY, WHAT ARE YOUR MAIN PRIORITIES FOR THE REST OF YOUR TERM AS YOU FINISH UP YOUR FIRST TERM OR START YOUR FIRST TERM REALLY.
>> Rogers: I THINK FOR ME THE PRIORITIES ARE ALIGNING THE CITY'S BUDGET WITH THE COMMUNITY'S PRIORITIES.
MY DISTRICT DESPERATELY NEEDS AFFORDABLE HOUSING.
I WANT TO BE VERY SPECIFIC ABOUT WHAT I MEAN BY AFFORDABLE HOUSING, RIGHT?
BECAUSE WHAT IS AFFORDABLE FOR ME AND WHAT IS AFFORDABLE FOR YOU COULD BE DIFFERENT.
SO WE NEED TO BE TALKING ABOUT HOUSING ON THE ENTIRE INCOME SPECTRUM.
IN MY DISTRICT WE NEED LOW INCOME HOUSING AND EVEN SOME PARTS OF MY DISTRICT WE NEED OTHER HOUSING PRICE POINTS.
SO, FOR ME I REALLY WANT TO SEE WHAT WE CAN DO IN OUR DISTRICT TO ACTUALLY MEET THAT GAP, NOT JUST FOR LOW INCOME OR WHAT WE CALL AFFORDABLE, BUT FOR FOLKS WHO CAN AFFORD MORE.
BECAUSE WHAT IT IS DOING, IF YOU CAN AFFORD A MILLION DOLLAR HOUSE, IT IS HARD TO FIND ONE.
AND THEN YOU'RE GOING TO HERE AND THAT IS PUSHING EVERYBODY BACK DOWN THE LINE.
SO WE NEED HOUSING ON ALL SPECTRUMS.
SO I AM INTERESTED IN WORKING -- WE HAD SOME DEVELOPERS THAT PURCHASED THE TWO BIG TALL BUILDINGS, THE OLD BANK BUILDING ON SAN MATEO AND CENTRAL FOR HOUSING.
THEY WANT TO DO MARKET RATE AND AFFORDABLE.
I AM EXCITED TO SEE ABOUT THAT.
WE HAVE FOOD INSECURITIES THAT WE NEED TO TACKLE RIGHT AWAY.
I AM LOOKING AT WHAT IS HAPPENING WITH WALMART.
CAN WE BUY THE WALMART THAT CLOSED.
WE ARE LOOKING AT WALGREEN'S ACROSS THE STREET TO SEE IF WE CAN PURCHASE THAT TO TRY TO GET FRESH FOOD THERE AS SOON AS POSSIBLE, EITHER WITH OUR FARMERS, THROUGH A FARMERS MARKET, SO THEY CAN BE OUT ALL WEEK NOT JUST ON THE WEEKENDS.
OUR FARMERS ARE STILL SAYING THEY HAVE A LOT OF WASTE.
LET'S FIX THAT AND GET FOOD THERE IMMEDIATELY.
FOOD DESERT, HOUSING, PUBLIC SAFETY IS A REALLY BIG ONE AND ENCAMPMENTS IN MY DISTRICT.
WE HAVE TO HAVE A STABILITY SITE AND WE DON'T.
WE DON'T.
GATEWAY IS SUPPOSED TO BE THAT BUT AGAIN IF WE ONLY HAVE ONE CONTRACTOR WHO IS HANDLING ALL OF HOMELESSNESS FOR THE CITY OF ALBUQUERQUE, THAT IS WHY WE CAN'T DO MORE AT THE GATEWAY BECAUSE THAT PARTICULAR CONTRACTOR CAN'T HANDLE ANYMORE.
SO, WE HAVE TO DO -- I AM FOCUSED ON WHO ELSE IN THE COMMUNITY CAN HELP DO THIS WORK AND HOW CAN I GET SOME TECHNICAL ASSISTANCE TO THEM TO BE ABLE TO JUST RESPOND TO THOSE REQUESTS THAT WE HAVE FOR HELP, ESPECIALLY WITH HOMELESSNESS.
I REALLY WANT TO SAY TO OUR COMMUNITY, TOO, THAT WE NEED EVERYONE TO COME TO THE TABLE TO COME UP WITH SOLUTIONS THAT WE DON'T ALL HAVE TO AGREE ON BUT LETS TALK ABOUT CONSENSUS.
I DON'T LOVE IT BUT I CAN LIVE WITH IT BECAUSE WE HAVE SOME TOUGH THINGS FACING OUR COMMUNITY AND WE HAVE TO WORK TOGETHER.
AND A STABILITY SITE IS SOMETHING WE REALLY NEED AND HERE ESPECIALLY IN DISTRICT 6.
>> Lou: CITY COUNCILOR NICHOLE ROGERS, THANK YOU SO MUCH FOR YOUR TIME AND FOR BEING HERE ON NEW MEXICO IN FOCUS.
>> Rogers: THANK YOU.
>> AFFIRMATIVE CONSENT EDUCATION IS NOT SOMETHING THAT SOMEONE IS MAKING UP.
IT HAS AN EVIDENCE BASE BEHIND IT.
THE CDC HAS PROVEN THAT THIS IS A PRIMARY PREVENTION MEASURE TO END SEXUAL VIOLENCE IN OUR SOCIETY AND SO WE ARE TALKING ABOUT PROVIDING AGE APPROPRIATE EDUCATION FROM A VERY EARLY AGE AND THEN AS YOUNG PEOPLE MATURE AND GET OLDER, EVOLVING THAT CONVERSATION TO INCLUDE HEALTHY RELATIONSHIPS AND SEXUAL RELATIONSHIPS.
>> Lou: MY INTERVIEW WITH REPRESENTATIVE LIZ THOMSON AND ADVOCATE ALEXANDRIA TAYLOR WILL AIR IN ABOUT 10 MINUTES.
THE TWO-WEEK TRIAL OF ARMORER HANNAH GUTIERREZ-REED IS UNDERWAY AND THE COUNTRY'S EYES ARE FOCUSED ON SANTA FE.
GUTIERREZ-REED IS CHARGED WITH INVOLUNTARY MANSLAUGHTER IN THE FATAL SHOOTING OF CINEMATOGRAPHER HALYNA HUTCHINS AS WELL AS EVIDENCE TAMPERING.
SHE COULD FACE UP TO THREE YEARS IN PRISON IF CONVICTED ON BOTH COUNTS.
NUMEROUS QUESTIONS REMAIN IN THIS CASE.
CHIEF AMONG THEM BEING WHO BROUGHT LIVE AMMUNITION ON TO THE SET.
TO DISCUSS ALL OF THIS AND MORE, EXECUTIVE PRODUCER JEFF PROCTOR HOSTS A VIRTUAL DISCUSSION WITH ATTORNEY AHMAD ASSED AND JOURNALIST JULIA GOLDBERG.
>> Jeff: THANK YOU, LOU.
JOINING US ON SCREEN TODAY ARE JULIA GOLDBERG, MY FORMER COLLEAGUE AT THE SANTA FE REPORTER, AND ATTORNEY AHMAD ASSED.
THANK YOU BOTH FOR BEING HERE TODAY.
AS LOU MENTIONED, THE TRIAL FOR HANNAH GUTIERREZ-REED, THE ARMORER FOR THE FILM RUST HAS BEGUN.
IT IS THE FIRST TIME A JURY WILL WEIGH IN ON THE DEADLY SHOOTING OF CINEMATOGRAPHER HALYNA HUTCHINS.
JULIA, BRIEFLY AS YOU CAN, WHY DID IT TAKE MORE THAN TWO YEARS TO GET TO THIS POINT AND WHAT ARE THE BIG QUESTIONS AT THE CENTER OF THIS TRIAL?
>> Goldberg: WELL, I'LL START WITH THE SECOND FIRST.
THE BIG QUESTION IS HOW DID LIVE AMMO GET ON TO THE RUST SET AND WHO SHOULD BE HELD ACCOUNTABLE FOR LIVE AMMO IN THE GUN THAT WAS FIRED THAT KILLED CINEMATOGRAPHER HALYNA HUTCHINS.
I THINK WHY IT TOOK SO LONG HAS A LOT TO DO WITH THE JUDICIAL PROCESS AS IT IS PLAYED OUT.
THE FIRST JUDICIAL DISTRICT ATTORNEY'S OFFICE HAS CHANGED COUNSEL IN THE COURSE OF CASE.
THERE HAS BEEN A LOT OF MOTIONS.
THERE HAS BEEN A MOTION TO DISMISS.
THERE HAS BEEN PLEA DEALS.
THERE HAS BEEN JUST ABOUT EVERYTHING THAT COULD HAPPEN IN A CASE SEEMS TO HAVE HAPPENED IN THIS CASE AND IT HAS TAKEN THIS LONG TO BRING THE FIRST CASE TO TRIAL.
I AM VERY CURIOUS ABOUT THE STRATEGY OF BRINGING HANNAH GUTIERREZ TO TRIAL IN ADVANCE OF ALEC BALDWIN.
I AM WONDERING IF WE SORT OF GET A PREVIEW OF THAT CASE AND WHETHER OR NOT THAT HURTS PROSECUTORS, BUT I THINK PROBABLY AHMAD IS A BETTER PERSON TO ANSWER THAT THAN ME.
>> Jeff: I AM CURIOUS ABOUT THE STRATEGY TOO.
WE'LL CERTAINLY GET THERE IN A MOMENT, BUT LET'S BREAK DOWN THE CASE A LITTLE BIT AGAINST GUTIERREZ-REED.
SHE HAS BEEN CHARGED WITH INVOLUNTARY MANSLAUGHTER AND TAMPERING WITH EVIDENCE.
AHMAD, LET'S TAKE THEM ONE AT A TIME AND AS QUICKLY AS WE CAN.
INVOLUNTARY MANSLAUGHTER IS ONE OF THOSE CRIMES THAT MAKES A LOT OF PEOPLE A BIT NERVOUS.
WHAT ARE THE ELEMENTS PROSECUTORS MUST PROVE AND HOW DOES INTENT PLAY INTO THIS ONE.
>> Assed: WELL, THERE ARE TWO THEORIES WITH REGARDS TO INVOLUNTARY MANSLAUGHTER.
AND YOU KNOW NORMALLY PEOPLE TRADITIONALLY WANT TO AFFILIATE A HOMICIDE CASE OR A CHARGE OR MURDER WITH SOME FORM OF INTENT.
THIS IS NOT A SPECIFIC INTENT CRIME AND IT CERTAINLY IS NOT A STRICT LIABILITY.
WE ARE NOT TALKING ABOUT THE INTENT IN THE TRADITIONAL NOTION THAT WE UNDERSTAND.
GENERALLY SPEAKING, YOU NEED NEGLIGENCE AS A STANDARD ASSOCIATED WITH THE MAIN COUNT, THE FIRST COUNT.
IN THE ALTERNATIVE IT IS MORE OF A RECKLESS STANDARD.
ESSENTIALLY, GENERAL INTENT, IF YOU WILL, AND ELEMENTS BASICALLY IN THE FIRST CHARGE HAVE TO DO WITH NEGLIGENT USE OF A DEADLY WEAPON.
SOME REFER TO IT AS LIKE THE MISDEMEANOR MANSLAUGHTER RULE.
AND THEN THE SECOND ONE REQUIRES A RECKLESS OR WILLFUL DISREGARD FOR THE SAFETY OF OTHERS, THE DUE CAUTION AND CIRCUMSPECTION COMPONENT OF THE SECOND ALTERNATIVE TO INVOLUNTARY MANSLAUGHTER.
SO, DON'T THINK OF INTENT IN THE SAME WAY BUT THERE IS A GENERAL INTENT REQUIRED AND THOSE ARE SHOWN BY WAY OF EITHER NEGLIGENCE OR RECKLESS BEHAVIOR.
>> Jeff: GOT YOU.
SO A LITTLE BIT OF A VAGUER STANDARD.
LET'S MOVE TO THAT EVIDENCE TAMPERING CHARGE.
THAT WAS A BIT MORE STRAIGHTFORWARD BUT IN THIS CASE THERE IS A BIT OF A WRINKLE ON THAT ONE, RIGHT?
>> Assed: AT THE END OF THE DAY, NO TESTING HAS BEEN DONE.
THE ELEMENTS ARE REQUIRED THAT THESE ARE ESSENTIALLY NARCOTICS, ACTUALLY, SPEAKING WITH REGARDS TO THE SPECIFIC CHARGE AGAINST MS. GUTIERREZ-REED.
THEY HAVE TO BE NARCOTICS AND SHE HAS TO HAVE DONE THEM A WAY, SHE HAS TO BASICALLY HAVE GIVEN OFF THE SO-CALLED BAG OF DRUGS IN ORDER TO EVENT OR EVADE OR HIDE THE EVIDENCE SO THAT A FUTURE PROSECUTION AGAINST HER WOULD NOT BE FORTHCOMING.
THERE IS GOING TO BE SOME DIFFICULTY AS WE TALKED FURTHER WITH REGARDS TO THE STATE'S ABILITY, I THINK, TO PROVE THAT CASE.
>> Jeff: LET'S TALK ABOUT WORKPLACE SAFETY A LITTLE BIT.
THAT IS AN ISSUE THAT HAS COME UP AGAIN AND AGAIN IN THIS CASE.
IN APRIL OF '22, AN OSHA REPORT FOUND THAT THE RUSH PRODUCTION VIOLATED NUMEROUS INDUSTRY SAFETY PROTOCOLS INCLUDING DOCUMENTED GUN SAFETY COMPLAINTS.
PROSECUTORS TRIED TO KEEP JURORS FROM SEEING THIS REPORT BUT THE JUDGE SHOT DOWN THAT REQUEST.
AHMAD, LET'S STAY WITH YOU ON THIS ONE.
HOW WILL THAT REPORT WEIGH ON A JURY WHEN CONSIDERING THE CHARGES?
>> Assed: AS I UNDERSTAND IT, THE JUDGE'S RULING WITH REGARDS TO THAT REPORT, AND IT WILL BE FAVORABLE TO THE DEFENDANT, TO MS. GUTIERREZ-REED AS WE MOVE FORWARD TO IT, WILL BE PLAYED BEFORE THE JURY IN THE COURSE OF THE EXPERT TESTIMONY.
EXPERTS CAN RELY ON HEARSAY.
THEY CAN RELY ON OUTSIDE INFORMATION IN RENDERING OPINIONS THAT THEY SHARE WITH THE JURY TO HELP THE JURY UNRAVEL AND UNDERSTAND THE CIRCUMSTANCES.
THAT OSHA FINDING OF THE SCENE AND SET BEING A CHAOTIC SET FROM THE GET-GO IS GOING TO PLAY A VERY IMPORTANT ROLE IN THIS IDEA THAT MS. GUTIERREZ-REED COULD NOT HAVE PERFORMED HER FUNCTIONS AS A WEAPONS SPECIALIST BECAUSE SHE LACKED THE CONTROL OF A VERY, VERY CHAOTIC SET WHICH IS MORE IN CONTROL OF MANAGEMENT RATHER THAN HER OWN PARTICULAR DUTIES.
>> Jeff: JULIA, LET'S TALK ABOUT WORKPLACE SAFETY OUTSIDE THE CONTEXT OF A CRIMINAL TRIAL FOR A SECOND.
THIS SHOOTING HAS SPARKED A CONVERSATION, I THINK, ABOUT SAFETY STANDARDS IN FILM PRODUCTIONS HERE IN NEW MEXICO AS WELL AS HOLLYWOOD IN GENERAL.
IS THAT YOUR SENSE?
HAS THIS BEEN A CONVERSATION STARTER IN THAT WAY?
>> Goldberg: YES AND NO, JEFF.
I THINK NOT AS MUCH AS IT MIGHT HAVE SEEMED IN THE IMMEDIATE AFTERMATH.
AND I WOULD ATTRIBUTE THAT TO A FEW THINGS.
ONE, I THINK THE WRITER AND ACTORS STRIKE KIND OF TOOK THE WIND OUT OF THIS BEING THE CENTRAL WAY IN WHICH PEOPLE WERE THINKING ABOUT THE CONDITIONS FOR PEOPLE WHO WORK IN THIS INDUSTRY.
AND THEN, AS YOU KNOW, AS I ASSUME YOU KNOW, OUR ELECTED OFFICIALS WERE NOT VERY LOUD ABOUT THE RUST INCIDENT.
THERE WERE TWO BILLS INTRODUCED IN 2023 THAT WOULD HAVE REQUIRED SOME KIND OF GUN SAFETY TRAINING FOR PEOPLE ON SET.
THEY BOTH DIED IN THE SESSION.
THEY DIDN'T GET MUCH OF A HEARING.
WE HAVEN'T HEARD MUCH FROM THE STATE FILM OFFICE.
HAVEN'T HEARD MUCH FROM THE GOVERNOR.
WE HAVEN'T HEARD MUCH FROM THE FILM OFFICE.
CALIFORNIA'S GOVERNOR DID SIGN A FAIRLY SWEEPING SAFETY BILL, BUT WE HAVEN'T REALLY -- NO ONE MADE IT A PRIORITY IN NEW MEXICO THAT I HAVE SEEN.
>> Jeff: FOR JUST A MOMENT HERE AT THE END OF THIS SEGMENT, AHMAD, LET'S PIVOT TO BALDWIN JUST A BIT.
OF COURSE, CHARGES AGAINST HIM WERE DISMISSED LAST APRIL, BUT SPECIAL PROSECUTORS KARI MORRISEY AND JASON LEWIS KEPT PUSHING.
A GRAND JURY INDICTED HIM ALSO ON THE CHARGE OF INVOLUNTARY MANSLAUGHTER LAST MONTH.
HOW CAN THE OUTCOME OF THE GUTIERREZ-REED TRIAL IMPACT THE PROSECUTION AGAINST ALEC BALDWIN?
>> Assed: I THINK IN EITHER CONTEXT, THE ALEC BALDWIN TEAM AND ALEC BALDWIN WIN.
THEY HAVE A VAST ADVANTAGE OVER SEEING THE ROAD MAP ESSENTIALLY TO THEIR OWN CASE BY VIEWING THE CASE AGAINST MS. GUTIERREZ-REED.
IF SHE GETS CONVICTED I THINK THERE IS GOING TO BE THIS IDEA THAT RESPONSIBILITY WAS LAID BY THE JURY TO THE PROPER PERSON AND THAT IT SHOULD END THERE.
IF SHE IS ACQUITTED, IT WEAKENS THE PROSECUTION AGAINST MR. BALDWIN IN A FUTURE TRIAL.
IN BOTH INSTANCES, AND THE IDEA THAT IT IS BEING TRIED BEFORE HIS, ARE ALL BENEFITS TO THE BALDWIN TEAM AND MR. BALDWIN.
>> Jeff: REALLY QUICKLY, ONE LAST QUESTION ON THIS.
I WOULD LIKE TO KIND OF CLEAVE APART THE TWO CASES A LITTLE BIT.
IN THE CASE OF BALDWIN HE WAS THE ONE HOLDING THE GUN AT THE TIME THAT MS. HUTCHINS WAS SHOT.
HANNAH GUTIERREZ-REED WAS NOT.
YET THEY ARE CHARGED WITH THE SAME CRIME.
HOW DO WE MAKE HEADS ARE TAILS OF THAT?
>> Assed: BY THE WAY, THERE IS A JURY INSTRUCTION WITH REGARD TO CAUSATION THAT HAS BEEN PROPOSED BY THE DEFENSE TEAM IN TERMS OF THIS CASE GUTIERREZ-REED.
THE CASE AGAINST MS. GUTIERREZ-REED HAS TO DO WITH HER HANDLING OVERALL.
THE IDEA THAT SHE IS RESPONSIBLE FOR HANDLING THAT DANGEROUS WEAPON AND IN SO DOING, EITHER ACTED OR OMITTED TO ACT IN A WAY THAT KEPT EVERYBODY SAFE AND ENSURED THAT THAT PROP, ONCE GIVEN TO THE CHAIN OF PEOPLE, ULTIMATELY TO MR. BALDWIN, SHOULD HAVE BEEN A PROP THAT WAS SAFE TO USE.
IN TERMS OF MR. BALDWIN, HE IS DIRECTLY INVOLVED IN THE ACTUAL SHOOTING.
HE IS THE ONE THAT HANDLED THE WEAPON ITSELF UPON THE SHOOTING THAT RESULTED IN THE DEATH OF MS. HUTCHINS.
SO DISTINCT FEATURES BUT THERE IS AN ELEMENT THAT IS SHARED AT SOME POINT.
>> Goldberg: BALDWIN'S LAWYERS INDICATED LAST WEEK THAT THEY ARE GOING TO ARGUE AGAINST HIM BEING HELD CULPABLE AS A PRODUCER IN ANY WAY, RIGHT?
OKAY.
>> Assed: RIGHT.
AND I THINK THE PRODUCER ASPECT OF IT, I THINK, IT HAS BEEN OVERPLAYED WITH REGARDS TO THE CHARGE HERE.
THERE IS A NUMBER OF REASONS WHY SOMEBODY WOULD BE A PRODUCER AND DOESN'T NECESSARILY TRANSLATE INTO THE TYPE OF DUTY OR NEGLIGENCE THAT IS ACCUSED OF, SPECIFICALLY HANDLING THE WEAPON AND THE WAY THAT IT WAS SHOT.
I THINK MORE SPECIFICALLY, I THINK THE STATEMENT ABOUT PULLING THE TRIGGER, NOT PULLING THE TRIGGER, IS GOING TO PLAY THE BIGGER ROLE AND THAT ONLY COME INTO PLAY WITH REGARDS TO MR. BALDWIN'S INTERVIEW AND RELEASING THAT INFORMATION, WHICH I THINK WAS A BIG MISTAKE.
>> Jeff: INTERESTING THAT PRODUCER BIT IN THE CIVIL CONTEXT MAY BE LESS SO IN THE CRIMINAL.
THANKS AGAIN TO YOU TWO.
WE'LL RETURN TO THIS GROUP IN ABOUT 15 MINUTES TO DISCUSS THE CASE MORE DEEPLY AGAINST ALEC BALDWIN AND THE MEDIA CIRCUS SURROUNDING IT ALL.
>> Goldberg: I THINK OUR COUNTRY'S FASCINATION WITH TRUE CRIME AND OUR FASCINATION WITH CELEBRITY HIT HEAD ON IN THIS CASE AND BALDWIN ALSO CARRIES A LITTLE BIT OF POLITICAL ENERGY AROUND HIM FROM PLAYING TRUMP AND PEOPLE HAVE STRONG FEELINGS ABOUT HIM.
I THINK THAT MEDIA FRENZY, WE ARE SORT OF SEEING ALL THOSE FACTORS AT ONCE.
I WAS SURPRISED THEY GOT THROUGH VOIR DIRE IN A DAY.
I THOUGHT HOW ARE THEY GOING TO GET A JURY THAT CAN HEAR THIS?
ARE THESE PEOPLE, ARE THEY ALL HONEST, WHO ARE THEY?
SO, WE'LL FIND OUT.
>> Lou: HOUSE BILL 151, AFFIRMATIVE CONSENT BILL SPONSORED BY REPRESENTATIVE LIZ THOMSON AND FOUR OTHERS HAD A ROCKY YET FAMILIAR TRIP THROUGH THE ROUNDHOUSE.
LAST YEAR, AFTER SEVERAL VOTES AND AMENDMENTS, A NEARLY IDENTICAL BILL DIED BEFORE REACHING THE FINAL VOTE.
THIS YEAR, THOMSON'S BILL MADE IT THROUGH TO THE GOVERNOR'S DESK.
REPRESENTATIVE THOMSON AND ALEXANDRIA TAYLOR, EXECUTIVE DIRECTOR OF NEW MEXICO COALITION OF SEXUAL ASSAULT PROGRAMS, JOINS ME THIS WEEK TO DISCUSS WHY THEY SEE THE MEASURE AS A FIRST STEP IN CHANGING THE WAY PEOPLE TALK ABOUT SEXUAL ASSAULT AND CONSENT.
>> Lou: STATE REPRESENTATIVE LIZ THOMSON, ALEXANDRIA TAYLOR, EXECUTIVE DIRECTOR OF NEW MEXICO COALITION OF SEXUAL ASSAULT PROGRAMS, THANK YOU SO MUCH BOTH FOR BEING HERE.
THIS YEAR, HOUSE BILL 151 THAT YOU SPONSORED, REPRESENTATIVE, WENT THROUGH SEVERAL VOTES AND AMENDMENTS BEFORE LEGISLATORS ULTIMATELY DID VOTE IT THROUGH.
CAN YOU EXPLAIN WHAT THE FINAL PRODUCT LOOKS LIKE?
>> Thomson: YEAH.
WHAT THE FINAL PRODUCT LOOKINGS LIKE, IS THIS YEAR WE TARGETED ONLY POSTSECONDARY EDUCATION AND WHAT THAT BILL WILL DO IS MAKE AFFIRMATIVE CONSENT THE STANDARD FOR SEXUAL ACTIVITIES.
ONLY YES MEANS YES.
NOT SAYING NO, DOESN'T MEAN YES.
AND THE IMPORTANT PART OF IT IS TRAINING FOR COLLEGE -- POSTSECONDARY STUDENTS AROUND WHAT THIS IS AND HOW TO REPORT AND ALL OF THOSE KIND OF THINGS.
IT ALSO REALLY WEAVES IN TRAMA INFORMED CARE.
SO THAT THE VICTIM ISN'T REVICTIMIZED BY QUESTIONS OR STATEMENTS OR WHATEVER.
SO THAT IS IT IN NUTSHELL.
>> Lou: OKAY.
ALEXANDRIA, I KNOW YOU HAVE BEEN INVOLVED IN THIS CONVERSATION FOR YEARS.
THE BILL INITIALLY INCLUDED K THROUGH 12 COMPONENTS.
I KNOW YOU JUST SAID POSTSECONDARY COLLEGE AND UNIVERSITY EDUCATION IS WHAT THIS APPLIES TO NOW.
CAN YOU DESCRIBE WHAT AN AFFIRMATIVE CONSENT POLICY WOULD LIKE FOR ELEMENTARY, MIDDLE AND HIGH SCHOOLERS AND HOW THAT IS DIFFERENT THAN WHAT IS IN THIS BILL?
>> Taylor: YEAH.
WHEN WE STARTED THIS IN 2019 WITH REPRESENTATIVE THOMSON, AS SHE SAID, IT INCLUDED K THROUGH 12 PORTION.
AND WHAT THAT LOOKED LIKES WAS THAT AN AFFIRMATIVE CONSENT STANDARD BE TAUGHT IN THE ALREADY EXISTING ONE HEALTH UNIT THAT THEY TAKE EITHER IN EIGHTH GRADE OR IN HIGH SCHOOL.
AT THE TIME THAT WE STARTED THIS, MY NIECE WAS A FRESHMAN IN HIGH SCHOOL.
SHE IS NOW A SOPHOMORE AT UNM AND THE YOUNG PEOPLE IN OUR LIVES WERE ASKING FOR THIS TYPE OF EDUCATION AT SCHOOL TO MAKE IT VERY CLEAR WHAT CONSENT IS.
AND SO AFFIRMATIVE CONSENT STANDARD MAKES IT CLEAR THAT CONSENT MUST BE VOLUNTARY, MUST BE ACTIVE, MUST BE CONSCIOUS BY ALL PARTIES INVOLVED.
SO, TEACHING THAT IN A K THROUGH 12 SETTING IS WHAT IS ONE OF OUR PRIORITIES AT THE COALITION TO PREVENT SEXUAL VIOLENCE FROM OCCURRING AT ALL.
SO IT IS BEGINNING TO EQUIP YOUNG PEOPLE WITH THE TOOLS NECESSARY TO MAKE THOSE CONSCIOUS AND AFFIRMATIVE DECISIONS ABOUT THEIR LIVES.
>> Thomson: AND WE ARE TALKING ABOUT TRAINING FOR EIGHTH GRADERS OR HIGH SCHOOL BUT EVEN WITH PRESCHOOLERS, YOU CAN TEACH THEM THAT NO ONE CAN KISS THEM WITHOUT ASKING IF IT IS OKAY.
YOU KNOW, IF YOU WANT TO HOLD SOMEONE'S HAND, YOU SHOULD ASK.
SO, TEACHING EVEN YOUNG CHILDREN THAT THEIR BODIES ARE THEIR OWN AND NO ONE HAS ANY CONTROL OVER THEM EXCEPT THEMSELVES ESSENTIALLY.
>> Lou: TALKING ABOUT KIDS AS YOUNG IN PRESCHOOL, KINDERGARTEN, FIRST, SECOND THIRD.
DO YOU BELIEVE THAT INSTITUTING THESE POLICIES OR STARTING THESE CONVERSATION AT A YOUNGER AGE IS IMPORTANT AND WHY?
>> Taylor: IT ABSOLUTELY IS, BECAUSE IT IS ABOUT HEALTHY RELATIONSHIPS AND BOUNDARIES, RIGHT?
IT IS ABOUT HAVING AGENCY OVER OUR OWN LIVES AND TEACHING YOUNG CHILDREN TO HAVE THAT AGENCY OVER THEIR LIVES.
I THINK IN RECENT YEARS, WE HAVE SEEN MESSAGING AND CAMPAIGNS AROUND FAMILY HOLIDAY GATHERINGS AND TO GIVE YOUNG CHILDREN THE OPTION OF WHETHER TO HUG FAMILY MEMBERS OR NOT.
AND WHAT WE ARE SAYING IS THAT YOU HAVE AUTONOMY.
YOU GET TO MAKE DECISIONS FOR YOUR LIVES AND WON'T BE FORCED INTO SITUATIONS THAT YOU FEEL UNCOMFORTABLE WITH.
IT IS REALLY NECESSARY.
YOUNG CHILDREN HAVE THAT SENSE.
THEY HAVE THAT INTUITION AND THEN WE SOMEHOW, IN OUR SOCIETY, FORCE CHILDREN TO ENGAGE IN ACTIVITIES THAT THEY WON'T WANT TO ENGAGE IN, AS SIMPLE AS GIVING SOMEONE A HUG, THAT THEY, PERHAPS, DON'T WANT TO GIVE SOMEONE A HUG.
I ALWAYS ASK -- I AM BLESSED TO BE A GOD MOM TO SOME AMAZING LITTLE CHILDREN AND I ALWAYS ASK THEM, MAY I HAVE A HUG.
IF THEY SAY NO, I AM LIKE, COOL, RIGHT, AND THAT IS THEM BEING ABLE TO SET THE BOUNDARIES FOR THEIR LIVES AND WHAT THEY ARE COMFORTABLE WITH FROM A VERY EARLY AGE.
>> Lou: HOW WOULD YOU ADDRESS CONCERNS FROM PARENTS WHO MIGHT BE WARY OF THEIR CHILD BEING INTRODUCED TO THESE CONVERSATIONS.
I KNOW A LOT OF THE CONVERSATION, IN A GENERAL SENSE, MOVES TOWARDS SEXUAL BEHAVIOR.
AND I KNOW THAT IS WHAT A LOT OF PARENTS THINK OF WHEN THEY HEAR THIS CONVERSATION ABOUT AFFIRMATIVE CONSENT.
HOW WOULD YOU ALLAY THOSE CONCERNS ABOUT A SITUATION THAT THEY FEEL MIGHT BE OUT OF THEIR CONTROL AS THEIR CHILD IS BEING TAUGHT ABOUT THIS AWAY FROM THEM?
>> Thomson: WELL, ONE OF THE SIMPLE WAYS THAT I ALWAYS TALK ABOUT THIS IS THAT WHEN WE ARE OUT AT DINNER AND I WANT ONE OF YOUR FRIES OR MY CHILD WANTS ONE OF MY FRIES, I HAVE TAUGHT HIM NOT TO JUST REACH OVER AND GRAB A FRENCH FRY OFF MY PLATE, BUT TO ASK, MAY I HAVE ONE OF YOUR FRIES?
AND I CAN EITHER SAY YES OR NO.
THAT IS WHAT WE ARE TALKING ABOUT FOR EARLY AGE.
IT IS AGE APPROPRIATE.
AND THEN AS CHILDREN BECOME MORE MATURE, THEN WE START INTRODUCING THIS IN A HEALTHY RELATIONSHIP AND SEXUAL RELATIONSHIP CONTEXT.
SO, WE ARE TALKING ABOUT AGE APPROPRIATE CONTENT.
AFFIRMATIVE CONSENT EDUCATION IS NOT SOMETHING THAT SOMEONE IS MAKING UP.
IT HAS AN EVIDENCE BASE BEHIND IT.
CDC HAS PROVEN THAT THIS IS A PRIMARY PREVENTION MEASURE TO END SEXUAL VIOLENCE IN OUR SOCIETY.
AND SO WE ARE TALKING ABOUT PROVIDING AGE APPROPRIATE EDUCATION FROM A VERY EARLY AGE AND THEN AS YOUNG PEOPLE MATURE AND GET OLDER, EVOLVING THAT CONVERSATION TO INCLUDE HEALTHY RELATIONSHIPS AND SEXUAL RELATIONSHIPS.
IN OUR CURRENT SYSTEM, WHICH THIS BILL DOESN'T ADDRESS THE K THROUGH 12 PORTION, BUT IN OUR CURRENT SYSTEM, PARENTS HAVE THE OPTION TO OPT THEIR CHILDREN OUT OF THE ONE HEALTH UNIT THAT IS COVERING HEALTHY SEXUALITY.
>> Lou: REPRESENTATIVE THOMSON, HAVE YOU HEARD CONCERNS OR DID YOU HEAR CONCERNS DURING DEBATES ABOUT THIS IN THE ROUNDHOUSE THAT ULTIMATELY LED TO THE BILL BEING NARROWED TO JUST UNIVERSITIES AND COLLEGES?
>> Thomson: KIND OF, BECAUSE PEOPLE DON'T UNDERSTAND THIS.
THEY THINK IF YOU'RE TEACHING AFFIRMATIVE CONSENT, YOU'RE TEACHING A KINDERGARTENER THAT THEY SHOULDN'T HAVE SEX OR THEY SHOULD HAVE SEX.
AND AS ALEXANDRIA SAID, THAT IS NOT IT AT ALL.
TEACHING THEM THAT THEIR BODIES BELONG TO THEM AND WE HAVE ALL HEARD THE HORROR STORIES OF PREACHERS AND FOLKS WHO MOLESTED THE KIDS AND THE KIDS DIDN'T KNOW THAT THEY HAD THE RIGHT TO SAY NO.
AND THEY DIDN'T KNOW THAT THEY SHOULD TELL SOMEONE.
SO, THE REASON THAT WE SCALED IT BACK IS BECAUSE IT HADN'T PASSED AND WE WANTED TO GET SOMETHING ON THE BOOKS.
WE ARE NOT FINISHED WITH THIS.
WE WILL BE BACK AND MY ULTIMATE GOAL, I THINK, THE WHOLE COALITION'S ULTIMATE GOAL, IS TO HAVE THIS A STANDARD FOR ALL STUDENTS.
AND AS ALEXANDRIA SAID, IN THE EIGHTH GRADE OR HIGH SCHOOLS, TOWARDS THE MORE SEXUAL SIDE OF IT, BUT EVEN WITH ALSO KIDS, TEACHING THEM THINGS LIKE, DON'T TAKE SOMEONE ELSE'S FOOD WITHOUT ASKING.
DON'T KISS SOMEONE WITHOUT ASKING AND IF SOMEONE ASKS YOU, YOU CAN SAY NO.
>> Lou: ALEXANDRIA, AS WE DISCUSSED, YOU PLAYED A LARGE ROLE IN ADVOCATING FOR THIS BILL.
CAN YOU TELL US EXACTLY WHAT IS THE CONCRETE PROBLEM THAT YOU ARE HOPING TO FIX WITH THIS LEGISLATION AND DO YOU THINK HOUSE BILL 151 SOLVES IT?
>> Taylor: I THINK THIS IS A CRITICAL FIRST STEP IN SETTING A STANDARD AND BEGINNING TO HAVE CONVERSATIONS THAT WILL SHIFT CULTURE.
WHAT WE HAVE SEEN ON OUR COLLEGE CAMPUSES FOR FAR TOO LONG IS YOUNG PEOPLE ENTERING A NEW STAGE OF THEIR LIFE AND NOT HAVING CLARITY AROUND ESSENTIALLY THE RULES OF THE GAME.
SO WHAT WE DID WAS BUILD A BROAD COALITION WITH REPRESENTATIVE THOMSON'S LEADERSHIP THAT REPRESENTED COMMUNITIES OF COLOR IN NEW MEXICO, YOUNG PEOPLE, QUEER AND TRANS COMMUNITIES TO REALLY TALK ABOUT WHAT WAS YOUR EXPERIENCE AS YOU WERE COMING UP?
WHAT IS YOUR CURRENT EXPERIENCE ON COLLEGE CAMPUSES.
SO RIGHT NOW WE KNOW THAT IN NEW MEXICO ONE IN FOUR WOMEN, ONE IN SIX BOYS AND MEN WILL BE THE VICTIMS OF SEXUAL VIOLENCE.
AND THAT IS ALSO INCLUDED ON OUR COLLEGE CAMPUSES.
I HEAR -- WHEN I TRAVEL ACROSS THE STATE I HEAR FROM YOUNG PEOPLE AND THEIR PARENTS WHO MAY HAVE EXPERIENCED SEXUAL VIOLENCE, THAT THEY DON'T KNOW HOW TO NAVIGATE THE SYSTEMS THAT EXIST ON OUR COLLEGE CAMPUSES.
SO THE FIRST PART OF THIS BILL IS EDUCATION.
IT IS ABOUT ENSURING THAT EVERYBODY AT OUR COLLEGE CAMPUSES KNOW THAT THE STANDARD FOR SEXUAL ACTIVITY IS ONE OF AFFIRMATIVE CONSENT.
THEY ARE RECEIVING THAT EDUCATION AT ORIENTATION.
FACULTY, STAFF, CONTRACTORS ARE ALSO RECEIVING THAT EDUCATION.
AND THEN PEOPLE HAVE CLARITY ABOUT WHAT HAPPENS SHOULD SOMETHING HAPPEN TO THEM.
THEY NEED TO KNOW WHAT TO EXPECT FROM OUR INSTITUTIONS OF HIGHER EDUCATION AS THEY NAVIGATE AND INVESTIGATE A PROCESS.
THEY NEED TO KNOW THAT THEY HAVE ACCESS TO COMMUNITY-BASED RESOURCES SUCH AS ADVOCATES, MENTAL HEALTH COUNCILORS, SEXUAL ASSAULT NURSE EXAMINER PROGRAMS AND COMMUNITIES OF SUPPORT TO SUPPORT THEM THROUGH THIS TIME.
SO THAT IS WHAT THIS BILL ACCOMPLISHES AND SETS THE FOUNDATION FOR.
>> Thomson: AS I HAVE CARRIED THIS BILL THROUGH THE YEARS, I HAVE HAD SO MANY PEOPLE COME TO ME AND SAY, I WISH I WOULD HAVE KNOWN THIS.
I MEAN, I AM GETTING UP THERE IN YEARS AND I WISH I WOULD HAVE KNOWN THIS.
IT PROBABLY WOULD HAVE PREVENTED SOME -- I HAD A YOUNG MAN IN MY OFFICE AND HE SAID, YOU KNOW, WHEN I WAS IN HIGH SCHOOL I WISH I WOULD HAVE KNOWN THIS BECAUSE WHAT THE BOYS DID WAS SEE WHICH GIRL WAS THE HEAVIEST DRINKER, TRY AND GET HER DRUNK AND HAVE SEX WITH HER.
SO WE NEED TO MAKE THAT TOTALLY NOT HAPPEN ANYMORE.
AND SO LOTS OF FOLKS INCLUDING ELDERLY FOLKS HAVE COME UP TO ME AND SAID, I WISH I WOULD HAVE KNOWN THIS.
>> Lou: A SIMILAR VERSION OF THIS BILL IN LAST FEW YEARS HAVE FAILED -- FAILED TO EVEN REACH THE SENATE FLOOR.
WHY DO YOU THINK IT WAS DIFFERENT THIS YEAR?
>> Thomson: I WISH I KNEW.
I WISH I KNEW WHAT THE MAGIC WAS.
I THINK PART OF IT WAS WE SCALED IT BACK AND IT WASN'T JUDICIARY.
IT WAS VERY MUCH, I DON'T WANT TO SAY GUTTED, BUT A LOT WAS TAKEN OUT AND BEING IN SANTA FE, BEING IN THE LEGISLATURE, COMPROMISE IS KING.
YOU CAN'T ALWAYS GET WHAT YOU WANT.
SO, WE ARE TAKING THIS AS A POSITIVE FIRST STEP AND WE ARE GOING TO BE BACK.
THERE ARE ELECTIONS COMING UP.
ALL OF US ARE UP FOR REELECTION.
SO THE SENATE AND/OR THE HOUSE MAY LOOK DIFFERENT NEXT YEAR.
SO, WE ARE JUST GOING TO KEEP ON, BECAUSE WE WANT TO PROTECT OUR YOUNG PEOPLE.
>> Lou: YOU BOTH HAVE SAID THIS IS JUST A FIRST STEP.
WHAT ARE THE NEXT STEPS, WHETHER THROUGH LEGISLATION OR OTHER PUBLIC OUTREACH?
>> Taylor: THERE WERE SOME SIGNIFICANT PARTS OF THE BILL THAT WERE AMENDED OUT.
ONE THAT HAS BEEN HEAVY ON MY HEART SINCE LAST WEEK IS THAT WE HAD A PROPOSED REQUIREMENT THAT THE INSTITUTIONS OF HIGHER ED ENTER INTO MOU'S WITH SERVICE PROVIDERS OFF CAMPUS TO ENSURE PEOPLE ARE IMMEDIATELY CONNECTED TO RESOURCES IN THEIR COMMUNITIES.
WE ARE GOING TO BE WORKING WITH COLLEGES AND UNIVERSITIES ALL ACROSS THE STATE TO STILL TRY TO MAKE THAT HAPPEN, EVEN THOUGH IT WON'T BE MANDATED BY LAW ONCE THE GOVERNOR SIGNS THIS, BECAUSE WE KNOW FROM THE SEXUAL ASSAULT COALITION AS SERVICE PROVIDERS ACROSS THE STATE, THAT THAT EARLY INTERVENTION IS REALLY CRUCIAL FOR THOSE WHO HAVE BEEN VICTIMIZED.
WE REALLY WANT TO SEE THAT HAPPEN.
THERE IS GOING TO BE A LOT OF WORK.
WHEN YOU'RE TALKING ABOUT CULTURE SHIFT AND ONE OF THE REASONS I THINK IT HAS TAKEN US FIVE YEARS, IS BECAUSE WE ARE TALKING ABOUT CULTURE SHIFT.
I KEPT SAYING, I CAN'T BELIEVE OUR LITTLE AFFIRMATIVE CONSENT BILL IS CAUSING ALL THIS.
AND ONE OF MY COLLEAGUES REMINDED ME, PERHAPS IT IS NOT SO LITTLE.
PERHAPS IT IS THAT FIRST DOMINO THAT OPENS THE CONVERSATION.
WE CAN'T PREVENT THE STORIES THAT REPRESENTATIVE THOMSON HAS BEEN HEARING.
WE CAN'T PREVENT THAT BY NOT TALKING ABOUT IT.
WE HAVE TO MAKE IT CLEAR WHAT HEALTHY SEXUAL RELATIONSHIPS LOOK LIKE, WHAT AFFIRMATIVE CONSENT IS, SO THAT PEOPLE ARE NOT OPERATING IN THE UNKNOWN.
SO THIS IS THAT FIRST STEP AND THERE IS GOING TO BE A LOT OF WORK THAT HAS TO HAPPEN ADMINISTRATIVELY WITH OUR COLLEGES AND UNIVERSITIES TO ENSURE THAT THEY ARE USING THE PROPER EDUCATION, THE POLICIES ARE BEING CREATED AND THAT STUDENTS ARE BEING EDUCATED.
>> Thomson: THESE SUBJECTS HAVE BEEN TABOO FOR SO LONG WHICH MAKES IT EASIER FOR THE PERPETRATORS BECAUSE NOBODY WANTS TO TALK ABOUT IT.
IT IS SHAMEFUL.
WE DON'T WANT THAT TO BE -- WE WANT IT NOT TO HAPPEN.
WE DON'T WANT TO NOT TALK ABOUT IT.
>> Lou: REPRESENTATIVE LIZ THOMSON, ALEXANDRIA TAYLOR, THANK YOU SO MUCH FOR BEING HERE.
>> Thomson: THANK YOU.
>> Lou: TURNING BACK TO THE DEADLY DEVELOPMENTS IN THE RUST MOVIE SET SHOOTING, EXECUTIVE PRODUCER JEFF PROCTOR AND THE VIRTUAL ROUNDTABLE SHIFT FOCUS FROM THE ONGOING TRIAL OF ARMORER HANNAH GUTIERREZ-REED TO THE PENDING TRIAL OF PRODUCER AND ACTOR ALEC BALDWIN.
HERE IS JEFF.
>> Jeff: THANKS AGAIN, LOU.
AND WELCOME BACK TO JULIA GOLDBERG AND AHMAD ASSED.
THIS CASE HAS BEEN A MESS FROM DAY ONE AND ALEC BALDWIN'S LEGAL TEAM SEEMS POISED TO EXPLOIT THE MANY MISSTATES FROM PROSECUTORS.
DURING A STATUS HEARING ON TUESDAY, BALDWIN ATTORNEY ALEX SPIRO HINTED THAT THE DEFENSE TEAM HAD SOME ISSUES WITH THE WAY PROSECUTORS HANDLED THE GRAND JURY PROCEEDINGS THAT LED TO BALDWIN'S INDICTMENT.
AHMAD, IF PROSECUTORS OR VIOLATED JUDGE ELLINGTON'S ORDERS FOR THAT SECRET GRAND JURY PROCEEDING AS MR. SPIRO SAYS, WHAT DOES THAT MEAN FOR THE CRIMINAL CASE AGAINST BALDWIN?
>> Assed: IT DEPENDS FACTUALLY, RIGHT, BECAUSE WE DON'T KNOW MUCH ABOUT THE BASIS FOR THAT MOTION.
WE DON'T KNOW WHETHER IT IS POSTURING BY THE DEFENSE OR THERE IS THIS STRATEGY, BUT, LET'S ASSUME FOR ARGUMENT SAKE, THAT THERE WAS PARTICULAR DIRECTION BY JUDGE ELLINGTON AND THAT THE PROSECUTORS DID NOT FOLLOW THOSE ORDERS TO THE DETRIMENT OR PREJUDICE OF THE DEFENDANT IN TERMS OF THE PRESENTATION OF THE CASE.
AND WHETHER POSSIBLY THAT DEFENDANT WAS EITHER, YOU KNOW, AFFECTED BY THE SHORTCOMINGS OF THE PROSECUTOR, THAT COULD BE A PROSECUTORIAL MISCONDUCT MOTION THAT IS PRESENTED TO THE COURT FOR REVIEW OF THE ORDERS AND WHAT, IN FACT, THE STATE DID.
WHAT THAT ULTIMATELY, IF SUCCESSFUL, WOULD LEAD TO A DISMISSAL OF THE CHARGES.
IT WOULDN'T -- IN MY EXPERIENCE, IT WOULD BE VERY DIFFICULT TO GET IT DISMISSED WITH PREJUDICE.
IT MAY BE THAT THE SCENARIO IS DISMISSED WITHOUT PREJUDICE, ASSUMING THE FACTS ARE WHAT THEY ARE, AS PRESCRIBED BY THE DEFENSE.
BUT THAT DOESN'T MEAN IT ENDS TOTALLY BECAUSE THEY CAN STILL GO BACK TO A GRAND JURY AND REINDICT.
UNLESS THERE IS SPECIFIC FINDINGS THAT SUGGEST OTHERWISE AND THIS MATTER IS DISMISSED FOR PREJUDICE.
>> Jeff: WHAT THIS REALLY DOES AND WHAT PEOPLE NEED TO LOOK FOR HERE IS AS THIS GOES FORWARD IS WHETHER IT HARMED THE CASE AGAINST BALDWIN, RIGHT?
>> Assed: THAT IS CORRECT.
>> Jeff: WHETHER THERE WAS SOME DAMAGE DONE TO THE INNOCENCE PRESUMPTION, FOR EXAMPLE, RIGHT?
>> Assed: THAT IS CORRECT.
I MEAN, IT HAS TO BE MORE THAN JUST A NOT FOLLOWING THE ORDER.
THE EFFECT OF IT HAS TO BE PREJUDICIAL TO THE TARGET AT THAT TIME.
IT IS NOT A DEFENDANT, BECAUSE IT IS A GRAND JURY, SO, THERE HAS TO BE MORE LAID OUT FOR US TO FULLY ASSESS KIND OF WHAT PARAMETERS A RELIEF WOULD BE, ASSUMING THAT IT PROCEEDED FORTHWITH BUT WE'LL FIND OUT ONCE THEY FILE THAT MOTION.
>> Jeff: OKAY.
LET'S SHIFT GEARS COMPLETELY HERE.
THIS CASE WAS CUSTOM MADE FOR THE NATIONAL MEDIA SPOTLIGHT FROM THE MOMENT WE LEARNED ABOUT THE SHOOTING.
THAT PHOTO OF A BEARDED ALEC BALDWIN ON THE PHONE HAS BEEN LITERALLY EVERYWHERE FOR TWO PLUS YEARS.
A LOCAL PHOTOGRAPHER SNAPPED THAT FRAME BUT NOW THAT WE HAVE ARRIVED AT TRIAL TIME, NATIONAL REPORTERS ARE GOING TO OUTNUMBER LOCAL JOURNALISTS IN THAT COURTROOM EVERYDAY BY 31 TO THREE.
THAT IS PER COURT RULES.
JULIA, HOW MIGHT THAT INFLUENCE THE WAY PEOPLE NATIONALLY AND LOCALLY WILL PERCEIVE THIS CASE BASED ON WHO IS COVERING IT?
>> Goldberg: WELL, I THINK, ALMOST EVERY NATIONAL STORY I READ REFERS TO THE DISTRICT ATTORNEY HERE AS SORT OF HAVING BUMBLED THE CASE.
THEY TALK ABOUT THE PROBLEMS THAT THE SANTA FE COUNTY SHERIFF IS ALREADY KIND OF DISMISSAL.
I WAS LOOKING AT OPENING COMMENTS HAPPENING ON COURT TV TODAY AND PEOPLE WERE ANALYZING THE JUDGE AND SAYING SHE SEEMED NERVOUS TO BE ON NATIONAL TV.
I WAS LIKE, YOU DON'T KNOW THAT JUDGE.
I DON'T THINK SHE IS NERVOUS.
SO, I THINK YOU'LL GET A LITTLE BIT OF THEY DON'T KNOW THE PLAYERS AS WELL.
SO, MAYBE THEY ARE MORE OBJECTIVE AND ALSO JUST NOT AS KNOWLEDGEABLE.
>> Jeff: COURT TV, VERY, VERY WELL PRACTICED IN THE DARK ARTS.
THEY KNOW HOW TO SLOW THE WALK DOWN ACROSS THE COURTROOM AND DO THAT WHOLE THING.
LET'S SHIFT GEARS QUICKLY.
I HAVE WATCHED YOU SLUG AWAY IN COURTROOMS FULL OF CAMERAS AND REPORTERS FOR MANY YEARS.
DOES THE STRATEGY FOR DEFENSE ATTORNEYS OR PROSECUTORS CHANGE WHEN THE LIGHTS GET BRIGHTER LIKE THIS?
>> Assed: YEAH, BECAUSE YOU'RE ESSENTIALLY SPEAKING TO TWO DIFFERENT COURTROOMS, IF YOU WILL.
THAT OF THE GENERAL PUBLIC AND THEN THE JURY THAT IS BEFORE YOU.
SO, YOU HAVE TO BRING -- REALLY YOU HAVE TO BE COGNIZANT AND BRING YOUR A GAME AND UNDERSTAND THAT WHAT YOU'RE DOING, ESPECIALLY WITH MR. BALDWIN, HE HAS GOT A CAREER AFTER THIS TRIAL, RIGHT?
AND SO, HE IS GOING HAVE TO SURVIVE DESPITE ANY TYPE OF OUTCOME IN THE CRIMINAL CASE AGAINST HIM, FOR EXAMPLE, HE HAS GOT TO BE ABLE TO SURVIVE OUT THERE.
SO, THERE IS A PARALLEL PROCEEDING THAT YOU GOT TO BE COGNIZANT OF WHEN REPRESENTING PEOPLE THAT ARE HIGH PROFILE IN HIGH PROFILE CASES.
>> Jeff: LET'S UNPACK THAT JUST A LITTLE BIT.
IN TERMS OF THE WAY YOU PRESENT THE CASE TO THE JURY, HAVING HAD THIS CONVERSATION WITH YOU FOR A REALLY LONG TIME, I WOULDN'T IMAGINE THAT IT IS SUPPOSED TO INFLUENCE THAT BIT, BUT CAN IT, A LITTLE BIT, KNOWING WHAT IS GOING ON OUTSIDE THE COURTROOM?
>> Assed: YOU CAN BET THAT IT DOES.
EVERY PERSON THAT IS QUESTIONED AT THE BEGINNING OF JURY SELECTION, VOIR DIRE, YOU KNOW THEY ARE COMING IN WITH SOME KNOWLEDGE OF THIS FACT.
THIS WAS HIGHLY PUBLICIZED AND THE QUESTIONS POSED BY -- THIS IDEA OF CAN YOU SET ALL THAT ASIDE AND RENDER A VERDICT BASED ON THE FACTS HERE TODAY IS, QUITE FRANKLY, IT IS A VERY DIFFICULT STANDARD FOR ANY JURY TO MEET.
THERE IS IMPLICIT BIASES.
STUFF THAT WE DON'T EVEN KNOW WE ARE BUILT WITH AS WE COME INTO A JURY.
SO AT THE END OF THE DAY, IT IS GOING TO BE VERY HARD FOR THEM TO DIVORCE.
YOU HAVE TO TAKE THAT INTO CONSIDERATION.
WHEN YOU'RE ADDRESSING THE CASE YOU GOT TO TAKE INTO ACCOUNT WHAT HAS BEEN PERMEATING IN THE MEDIA OUR THERE AND PACKAGE IT TO WHERE IT IS EFFECTIVE FOR YOUR CLIENT MOVING FORWARD IN THE COURSE OF THAT TRIAL.
>> Jeff: GOT YOU.
ONE OTHER THING I WANT TO GET AT HERE, ALEC BALDWIN IS ALEC BALDWIN, AWARD WINNING ACTOR, SATURDAY NIGHT LIVE SUPER STAR, SERIOUS CLOUT IN THE FILM INDUSTRY.
JULIA, DOES HIS STATURE IN HOLLYWOOD AND THIS PROSECUTION PLAY INTO THE IDEA THAT THERE ARE TWO SYSTEMS OF JUSTICE?
ONE FOR FOLKS LIKE BALDWIN AND ANOTHER FOR THE REST OF US?
>> Goldberg: YEAH, I INTERVIEWED DA MARY CARMACK-ALTWIES RIGHT BEFORE SHE BROUGHT THE ORIGINAL CHARGES, AND THAT WAS THE MAIN THING WE TALKED ABOUT WAS HER NOT WANTING THAT TO BE THE CASE, THAT THE IMPORTANT THING WAS GETTING JUSTICE FOR THIS VICTIM REGARDLESS OF WHO HAD TO BE HELD ACCOUNTABLE.
I FOUND THAT CREDIBLE WHEN SHE AND I TALKED AND I THINK IT IS A HARD THING TO DO BECAUSE I THINK THE STATE -- I DON'T WANT TO SAY OUTGUNNED BECAUSE THAT IS INAPPROPRIATE, BUT OUTMANNED IN TERMS OF THE RESOURCES THEY CAN BRING.
CERTAINLY, THIS CASE, YOU KNOW, I THINK OUR COUNTRY'S FASCINATION WITH TRUE CRIME AND OUR COUNTRY'S FASCINATION WITH CELEBRITY, KIND OF HIT HEAD ON IN THIS CASE AND BALDWIN ALSO CARRIES A LITTLE BIT OF THE POLITICAL ENERGY AROUND HIM FROM PLAYING TRUMP AND PEOPLE HAVE STRONG FEELINGS ABOUT HIM.
SO THAT MEDIA FRENZY, WE ARE SORT OF SEEING ALL THOSE FACTORS AT ONCE.
I WAS SURPRISED THEY GOT THROUGH VOIR DIRE IN A DAY.
I THOUGHT, HOW ARE THEY GOING TO GET A JURY THAT CAN HEAR THIS?
LIKE, ARE PEOPLE ALL HONEST LIKE, WHO ARE THEY, SO -- WE'LL FIND OUT.
>> Jeff: AHMAD, GO AHEAD.
>> Assed: I AM SORRY, I HAVE GOT KIND OF AGREE AND DISAGREE A BIT WITH JULIA.
I AGREE WITH REGARDS TO VOIR DIRE AND HOW SHORT IT WAS TO SELECT A JURY.
I WAS VERY SURPRISED ABOUT THAT AS WELL.
BUT I HONESTLY BELIEVE THAT THE STATUS OF MR. BALDWIN WORKED AGAINST HIM WITH REGARD TO THE PROSECUTION OF THIS CASE.
I HAVE TO TELL YOU THAT THE IDEA THAT IT WAS CHARGED AND THEN DISMISSED AND PRIOR TO THAT THERE WAS THE FIREARM ENHANCEMENT THAT WAS ADDED IRRESPONSIBLY AND THE SLOPPINESS OF THE PROCESS AND THE AGGRESSIVE NATURE OF CONTINUING TO COME BACK AND COME BACK, TELLS ME THAT THERE WAS A STRUGGLE TO KEEP THE PROSECUTION GOING AND I BELIEVE THAT HIS STATUS AS AN ACTOR WORKED AGAINST HIM IN DECIDING TO CONTINUE TO BE AGGRESSIVE ABOUT PURSUING THE PROSECUTION IN THIS MATTER.
>> Goldberg: TO SAVE FACE THEY DIDN'T WANT TO DROP THE CASE.
IS THAT WHAT YOU MEAN?
>> Assed: PART OF THAT IS TO SAVE FACE.
BECAUSE OF THE SLOPPINESS.
THE OTHER PART IS IT MAY BE THEIR QUEST TO RECEIVE SOME FORM OF JUSTICE FOR THE HUTCHINS FAMILY BUT IN DOING SO, YOU KNOW, THERE MAY BE MORE AGGRESSIVE EFFORTS THAT WOULD PROBABLY NOT HAVE BEEN NORMALLY ATTRIBUTED TO AN EFFORT AGAINST SOMEBODY THAT MAY NOT BE THE ACTOR, BECAUSE THE POLICY WAS, EVERYBODY IS THE SAME UNDER THE LAW.
AND I REMEMBER THE DA SAYING THAT.
THAT IT DOESN'T MATTER WHO YOU ARE.
>> Goldberg: I MEAN, DOESN'T THEIR CONTINUING TO BRING A CASE AGAINST THE 24-YEAR OLD ARMORER KIND OF BELIE THAT?
SHE IS IN THERE TOO.
>> Assed: THE PROBLEM IS YOU CAN'T BRING IT AGAINST MR. BALDWIN AND NOT BRING IT AGAINST MS. GUTIERREZ-REED.
SO, IF YOU DECIDE TO GO AFTER BALDWIN, IT WOULDN'T MAKE ANY SENSE NOT CHARGING THE ACTUAL WEAPON SPECIALIST IN THE CASE.
>> Jeff: LET'S WORK ON THIS POLITICALLY A LITTLE BIT.
I HAVE GOT ABOUT TWO MINUTES TO GO WITH THIS SEGMENT.
OF COURSE, MARCO SERNA WHO PRECEDED MARY CARMACK-ALTWEIS IN THE DISTRICTS ATTORNEYS' OFFICE HAS ANNOUNCED HE IS GOING TO TAKE ANOTHER SWING AT THAT RACE IN THE DEMOCRATIC PRIMARY IN JUNE.
IN HIS ANNOUNCEMENT THAT HE IS GOING TO RUN, HE POPPED HER FOR THE HANDLING OF THIS CASE.
SO, BRIEFLY, I WANT TO LET YOU BOTH TAKE A RIP AT THIS ONE.
IS IT POSSIBLE THAT MESSAGE, THE HANDLING, NOT NECESSARILY THE OUTCOME OF THE BASE, BUT THE HANDLING, RESONATES WITH VOTERS.
JULIA, YOU FIRST.
>> Goldberg: YES, I MEAN, I THINK SHE WAS OKAY UP UNTIL THE REVELATION OF THE EMAILS BETWEEN HER AND ANDREA REEB THAT WERE SO NONPROFESSIONAL AND MADE IT CLEAR THEY KNEW THEY WERE IN THE PUBLIC EYE AND HAD A SORT OF GIDDINESS ABOUT THAT.
WITHOUT THAT, I THINK PEOPLE WERE READY TO ACCEPT, YEAH, SHE NEEDS MORE MONEY, YEAH, SHE NEEDS SPECIAL PROSECUTORS BUT I THINK THAT REALLY UNDERMINED HER CASE.
>> JEFF SORRY TO CUT YOU OFF JULIA, BUT I HAVE ABOUT 30 SECONDS.
AHMAD, I KNOW YOU HAVE WATCHED A LOT OF THESE RACES.
HOW DO YOU THINK THIS PLAYS POLITICALLY, THE HANDLING OF THE CASE?
>> Assed: I THINK IT IS GOING TO BE IMPACTFUL.
I AGREE WITH JULIA AND IT IS GOING TO BE IMPACTFUL IN THE VOTERS DECISION THIS TIME AROUND.
WHETHER IT IS ENOUGH TO DEFEAT THE INCUMBENT IS A DIFFERENT STORY BUT IT WAS HANDLED POORLY AND HANDLING IN AND OF ITSELF IS SOMETHING THAT WAS HIGHLY PUBLICIZED AND IT IS HARD TO GET RID OF THAT MEMORY AND THAT INFORMATION FROM THE VOTERS MOVING FORWARD.
SERNA IS GOING TO ENSURE THAT THAT IS NOT FORGOTTEN BY THE VOTING PUBLIC.
>> Jeff: LONG WAY TO GO HERE IN THIS THING.
JULIA GOLDBERG, AHMAD ASSED, THANK YOU ALL FOR TALKING WITH ME ABOUT THIS TODAY.
I REALLY APPRECIATE IT.
>> Assed: PLEASURE JEFF.
THANK YOU JULIA.
>> Lou: THANKS TO JEFF AND TO JULIA AND AHMAD FOR MAKING THE TIME TO SPEAK WITH US.
WE CLOSE THE SHOW TONIGHT WITH A GROWING PROTEST OVER ISRAEL'S CONTINUED BOMBING OF CIVILIANS IN GAZA FOLLOWING AN ATTACK BY HAMAS LAST YEAR.
LAST WEEK, MEOW WOLF CANCELED THE SHOW BY MUSICIAN MATISYAHU AFTER A FLOOD OF CALLS FROM ACTIVISTS UPSET BY HIS VOCAL SUPPORT FOR ISRAEL.
PROTESTERS GATHERED OUTSIDE OF JERRY SEINFELD'S STANDUP SHOW IN ALBUQUERQUE LAST WEEK TOO, ACCUSING THE COMEDIAN OF SUPPORTING GENOCIDE WITH HIS PRO ISRAEL ACTIVISM.
STAFF AND STUDENTS AT THE UNIVERSITY OF NEW MEXICO WALKED OUT OF CLASS LAST THURSDAY.
[CHANTING] >> Lou: THESE ARE IMAGES SHARED WITH US FROM THAT WALK-OUT.
THE GROUP MARCHED TO A MEETING OF THE UNIVERSITY'S BOARD OF REGENTS TO DEMAND THEY CALL FOR A CEASE FIRE IN GAZA.
PROTEST ORGANIZERS SAY THE UNIVERSITY HAS AN OBLIGATION TO ADDRESS THE CONTINUED OFFENSIVE BY ISRAEL IN GAZA AND THAT PROTEST WON'T END UNTIL SOMETHING IS DONE.
IN OCTOBER LAST YEAR, HAMAS MILITANTS SKILLED ABOUT 1200 ISRAELIS AND TOOK ANOTHER 250 HOSTAGE.
SINCE THEN MORE THAN 29,000 PALESTINIANS HAVE BEEN KILLED DURING THE ISRAELI MILITARY OFFENSIVE.
ACCORDING TO THE GAZA HEALTH MINISTRY, THE MAJORITY HAVE BEEN WOMEN AND CHILDREN.
THANKS FOR WATCHING.
WE'LL SEE YOU NEXT WEEK.

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