STATE OF NEW MEXICO Santa Fe Main Oc First Judicial District Attorney Bepanola Offce 327 Sandoval Street ‘Santa Fe, Rio Arriba & Los Alamos Counties 1122 Industrial Park Road POBox 2011 POBox 209 Smaa Fe, NM 87504-2041 : Espanola, NM 87532 ‘Telephone: (505) 827-5000 Mary Carmack-Altwies ‘Telephone: (505) 753-7131 Fax: (505) 827-5076 District Attomey Fax: (505) 753-7133 August 30, 2022 State of New Mexico Board of Finance 407 Galisteo Street Ste 166 Santa Fe, NM 87501 Dear Board of Finance: 1 appreciate the consideration for emergency grant funding for the First Judicial District Attomey’s Office. In October of 2021, the “RUST” movie production was taking place at the Bonanza Creek Ranch in Santa Fe County. During the filming of this movie, Alec Baldwin shot and killed Halyna Hutchins and injured Joel Souza while rehearsing a scene. Many individuals had handled the gun that ultimately killed Hutchins and injured Souza. Since October of 2022, my office has been waiting for evidence to be examined by the FBI. The results of the investigation have now been returned to my office. Only a few items are outstanding but are expected any day. 1 am ready to start the decision of what individuals will be criminally charged in this case. If charges are warranted, the FJDA anticipates prosecuting up to four (4) individuals. My expenses for the “RUST” will begin immediately and will be costly. Thave reviewed my current budget, and I do not have the proper funding in my budget to prosecute such a high-profile case. Iam requesting emergency grant funding of $635,500.00. I have laid out in my application my justification for this funding. I need funding for an attorney, investigator, media contact person, paralegal, expert witnesses, and general trial expenses. I will not be able to wait 11 more months to get this funding from the Legislature. I anticipate if emergency grant finding is granted, I will still need to go to the Legislature for a special appropriation depending on the number of trials held. Most defendants get separate jury trials and will not be tried at the same time. Each jury trial will take weeks to a month to complete. Experts will have to testify at these trials. In addition, each defendant will get a preliminary hearing within 60 days of charging to determine if there is probable cause to go to trial. These hearings will take weeks to complete and will happen rather quickly once charges are filed. Experts will additionally need to testify at these hearings. 1 greatly appreciate you taking the time to carefully consider my application. I believe the application should address any questions and justifications you may have about why the funding is needed, how much funding is needed, and specific numbers addressing how I came up with the $635,500 | am requesting. My goal and job are to handle this matter to best of my ability usingevery resource possible to obtain justice for the victims and families in this matter. This gap funding will assist my office in a competent and thorough prosecution of those individuals responsible for taking the life of Halyna Hutehins and injuring Joel Souza. Please reach out to me if you have any additional questions. le MaryCprmack-AltwiesNEW MEXICO STATE BOARD OF FINANCE (SBOF) SUBMISSION REQUIREMENT CHECKLIST FOR APPROVAL OF LOANS AND GRANTS TO PUBLIC ENTITIES FROM THE EMERGENCY FUND PURSUANT TO SECTION 6-1-2 NMSA AND EMERGENCY FUNDING POLICY 11-03 Date: a/soy2022 Public Entity: Fst xe! Osi tor ‘Address:_377 Sandoval Sec, Santa Fe New Mexico 47501 Email Address: meamaccstweseda statenm.us Telephone No.: 505-422-6018 Presenter(s); ary camockAtwes Title: psi Atorney Email: meamackatves@dastatzomys Senor Padget Macias he Depuy Ostia Atom Inadgot@da tate ms Bend oe Martinez ‘hie Financial Ost bael@dastateamus ‘The following checklist is intended to assist applicants in complying with SBOF Emergency Funding Policy 11-03. Click-> Bmergency Funding Poliey 11-03 for full requirements. ‘The applicant must provide with a detailed cover letter one (1) original hard copy to: Director, State Board of Finance, 181 Bataan Memorial Building, 407 Galisteo Street, Santa Fe, NM 87501; and one (1) identical bookmarked PDF file on CD or flash drive delivered with the hard copy or via email to bof administrator @state.nm.usy (SBOF Contact: 505-827-4980). Check off items from the list below, complete as applicable and prepare attachments as needed, _£1. List ofall other possible funding sources and austerity measures explored and exhausted: __ SEE ATTACHMENT 1.2. Nature of emergeacy, including the governmental services not being delivered and effect of the failure ofthe service on the public health, safety and welfare of individuals and/or community:__ SEE ATTACHEMENT _4 3. Explanation of why the situation is an unforeseen circumstance that could not reasonably have been addressed ata past legislative session._ see ATTACHMENT 14. Reason why the emergency cannot reasonably await funding from the next legislative session:_séE ATTA‘ 1S. Number of individuals affected and the nature ofthe effect:__SEE ATTACHMENT 16. Description of how the public entity responded to the emergency:_SEE ATTACHMENT. _ _£7. Whether the emergency funding is requested asa loan [J o a grant “18. Tho amount of emergency funding requested, with priority given to requests that can be addressed without unreasonably restricting the amcunt of emergency funding available for other potential emergency funding requests that may be made through the remainder ofa fiseal year: SEE ATTACHMENT? _19. Whether the public Entity isin compliance with all applicable audit requirement 10, tf loan is requested * The proposed timeline for repayment: + Confirmation that the public entity will pledge and encumber funds for repayment each fiscal year that the loan is ‘outstanding, in accordance with the repayment schedule proposed by the public entity + Listing of the public entity's existing outstanding debt, including bonds, lease purchase agreements and other loans and the debt service schedule associated with such outstanding debt: + Demonstration ofa feasible plan and commitment to repay the loan over the tim repayment schedul ine proposed in the public entity's + Description ofthe public entity's plan for future financial stability: + When emergeney Funding i requested in the form ofa loan, whether the public eniy agrees to pledge its revenues for loan repayment, with priority given to public entities that have taken steps or agree to take steps to pledge revenues for lan repayment L11, A statement that te public entity wil agree to submit completed quarterly reports on SBOF authorized forms, 12. Recommendation om the Environment Department and Office of the State Engineer on the current situation, i applicable 13. Resolution ofthe governing bod. i applicable, requesting the emergency loan or grat. Failure 10 submit all required items on or before the deadline date stated on the SBOF's website (hap: /nmafastate.nmus/mectings.aspx) may resultin delay ofthe SBOF's consideration of a request Augist29,2016ATTACHMENT 1: "RUST” Emergency Grant Funding Request: 1. List all other possible funding sources and austerity measures explored and exhausted: The rst Judicial District Attorney's Office has reviewed our budget including vacancy savings in our general fund. There is no available funding. If the First Judicial District Attorney (FIDA) were to take funding for the “RUST” prosecution out of the general fund, there would not be enough funding tc pay our employees, expert witnesses needed for other cases, and general everyday expenses of the office. The agency has two vacant positions that are unfundec, meaning there is currently no money to fill these positions. One position is for an attorney and the other is a special programs position. The FDA does receive grant monies, but these monies can only be used for the specified purpose of the grant. None of these grants would qualify for use on the RUST prosecution. The FDA has explored all available funding options. Emergency funding and. eventually a special appropriation is the only available funding for the FIDA on the “RUST” prosecution 2. Nature of emergency, including the governmental services not being delivered and effect of ‘the failure of the service on the public health, safety, and welfare uals and/or ‘community: The “RUST” case occurred unexpectedly in October of 2021. This isa high-profile case with competent, well-paid, and experienced defense lawyers. The “RUST” prosecution could potentially be prosecutions from one (1) to four (4) defendants. One of the possible defendants is well-known movie actor Alec Baldwin. This case could require up to 4 separate jury trials. The current FJDA budget cannot cover the cost of this prosecution without depleting their current budget. The current budget of the FIDA's office is needed to prosecute the everyday cases that occur throughout the district. If the current budget is depleted to handle the “RUST” case, other cases within the FIDA’s office potentially could not get handled properly. The FIDA would not be able to hire experts and pay our staff. This is extremely dangerous to the community as dangerous criminals could possibly be released or not prosecuted properly or aggressively. In addition, the FIDA is already understaffed and lacks funding resources. To contract with independent experts, an attorney, an investigator, a public information officer, and/or a paralegal would require the FIDA to not fill needed, essential positions to allow for savings for these contracts. 3. Explanation of why the situation is an unforeseen circumstance that could not reasonable have been addressed at a past legislative session: The “RUST” shooting did not occur until October of 2021. The State has been waiting since October 21, 2021, for important labs, phone records, and autopsy results to come back. These results have just been returned within the last few weeks. The State is still waiting for a few additional items which are expected to be delivered any day. 4, Reason why the emergency cannot reasonably await funding from the next legislative session: Because the evidence has just been returned, the State is ready to make charging decisions in the "RUST’ case. The State requires an additional, more qualified attorney to assist in the prosecution of this matter, as the other attorneys working the “RUST” prosecution still have additional cases to handle and the elected District Attorney must administratively run the FIDA’s office. The FIDA would like to contract with a prosecutor who has 26 years’ experience as a prosecutor. Due to the high publicity and media attention of this case, this attorney can devote11. 12. 13. her full ime and attention to this matter. In addition, a special investigator, a paralegal, a media spokesperson, and numerous experts need to be hired. If these employzes are taken from the current staff, the current employees will not be able to do their everyday jobs. Experts in firearms, the handling of firearms on movie sets, and safety protocols on movie sets must be retained immediately. The FIDA does not have the budget to wait until the legislative session to ask for meney, In addition, the money for “RUST” would not be appropriated until July 1, 2023, if pursued through the legislative session. The "RUST” case needs to be prosecuted immediately, and the costs to prosecute the case will come immediately. The FIDA may still need to ask for additional funding during the legislative session. ‘Number of individuals affected and the nature of the event: If gap funding is denied, the entire community will be affected. The FDA will not be able to fund the case and wil! have to use its current budget to pay for the “RUST” prosecution and the individuals/costs needed to prosecute the case. The result will be taking the attorneys, investigators, support staff, etc. from the current district attorney's office staff to help on the “RUST” matter. Monies will have to be ‘moved off lower profile cases to supplement prosecuting the “RUST” case. This could allow repeat and dangerous offenders to be pled out versus pursuing jury trials to save money. This will put dangerous criminals back on the streets and will affect the safety of the entire community. Also, the current District Attorney's Office staff will be overworkec which often results in mistakes happening, gain affecting the safety of the community. Description of how the public entity responded to the emergency: The FIDA has used its Current resources to investigate this case. It wasn’t until the evidence recently was returned that the FIDA realized that defendants from “RUST” would need to be prosecuted immediately. The FIDA did not want to prematurely ask for funding, not knowing what the results of the evidence would be. It is obvious from all the recent media coverage that mostof the “RUST” results from the evidence has been returned. The victims, suspects, and the citizens of New ‘Mexico are waiting for a charging decision from the FDA. The FIDA is the only entity that is responsible for prosecuting this matter and has primary jurisdiction. Whether emergency funding is requested as a loan or grant? Grant . The amount of emergency funding requested, with priority given to requests that can be addressed without unreasonably restricting the amount of emergency funding available for other potential emergency funding requests that may be made through the remainder of a fiscal year: The FIDA is requesting a total of $635,500.00 for the “RUST” prosecution. Please see Attachment 2, listing the exact way the proposed grant would be used for the prosecution of “RUST.” This attachment includes the costs estimated for the additional employees, experts, and trial expenses expected Whether the public Entity is in compliance with all a N/A Astatement that the public entity will agree to submit quarterly reports to SBOF authorized forms: _The FIDA agrees to submit the required forms quarterly. The "RUST" funding will be kept separate, carefully audited, and only used for the “RUST” prosecution. We acknowledge that any unused grant money would revert to the State General Fund. N/A N/A licable audit requirements: YESAttachment 2 Proposed Rust Case Budget # of Hours per Hourly pay period ——Bi-weekly Bi-weekly Total Attorney 100 60 6,000 26 156,000 Investigator 75 50 3,750 26 97,500 Paralegal 50 30 1,500 26 39,000 PIO 75 20 1,500 26 39,000 Total # of Experts Expert Witnesses 75,000 3 225,000 ‘Trial Prep Materials 79,000 Transcriptions District Court Supplemental Questionnaires Office Supplies (External drives, paper, diagrams) Printing Travel / Lodging TOTAL 635,500