New Mexico grand juries are essential in criminal courts throughout the state. State laws give people charged with specific types of serious offenses the right to a grand jury or preliminary hearing. The prosecution determines whether to proceed by grand jury or preliminary hearing. Preliminary hearings offer greater scrutiny of the evidence and cross-examination of witnesses and facts. On the other hand, grand juries offer a more limited scrutiny of evidence, witnesses, and facts. One recent example of an infamous grand jury hearing was held in State vs. Alexander (Alec) Rae Baldwin.
Defense attorney, Marc A. Grano, explains how New Mexico grand juries work in criminal courts, when they are called, and other relevant laws. Grano Law Offices, P.C. wrote this post for people wanting to learn more about our state’s legal system and how grand juries affect the adjudication of a criminal matter.
What Is a Grand Jury in New Mexico Criminal Courts?
A grand jury in New Mexico criminal courts comprises 12 ordinary citizens, including a selected foreman. Once presented with evidence and testimony the grand jury members will decide if there is probable cause to believe the defendant should face criminal charges. Under NMSA § 31-6-10, a defendant may be charged or indicted if at least eight jurors agree that prosecutors have presented enough evidence for criminal proceedings. The level of proof to indict is a finding of “probable cause” or more likely than not.
About the Foreman of Grand Jury
Grand jurors must also select one of their 12 members to serve as the foreman of the grand jury per NMSA § 31-6-2. The duty of the grand jury foreman in New Mexico is to:
- Preside over grand jury sessions
- Administer oaths to witnesses
- Sign all reports, indictments, and other documents
- Recess and reconvene sessions
- Ask the court for alternate grand jurors
The foreman also has the authority to appoint another grand juror as a clerk to keep notes or minutes and tally votes during secret sessions.
When Do Criminal Courts in New Mexico Use Grand Juries?
Federal and state district courts use grand juries in New Mexico. Federal courts order grand juries when it is in the public’s best interest under Rule 6 of the Federal Rules of Criminal Procedure (Fed. R. Crim. P.). In state courts, judges must order a grand jury for alleged capital, felony, or infamous offenses as outlined in the New Mexico Constitution via Art. II, § 14.
NM Grand Jury Example: State v. Alexander (Alec) Rae Baldwin
Actor Alec Baldwin was charged with involuntary manslaughter in January of 2023. Still, the charges were dismissed several months later in April, under a nolle prosequi pleading, signifying special prosecutors’ intent to refile charges after a further investigation. Kari T. Morrissey and Jason J. Lewis are the special prosecutors selected by the Santa Fe District Attorney (DA) to serve in this capacity, according to a local 2023 news article.
Prosecutors Plan for a Grand Jury
After the dismissal, special prosecutors sent the firearm to the Federal Bureau of Investigations (FBI) for forensic testing. Test results determined that it could have only fired by pulling the trigger. Morrissey and Lewis announced plans to present their case before a New Mexico grand jury in October 2023.
FBI Test Results
Key findings from the FBI’s report state, “This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger.” It continues, “Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings, and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver.”
Grand Jury Indicts Baldwin
On January 19, 2024, a grand jury found probable cause to indict or charge Mr. Baldwin and voted to charge him formally. He denies all charges but faces up to 18 months in prison and/or $5,000 in fines if convicted. The matter is in the First Judicial District Court County of Santa Fe assigned case number D-0101-CR-2024000013 and before the Honorable Judge Mary Marlowe Sommer.
How Grand Jury Selection Works in New Mexico Criminal Cases
The way grand jury selection works in New Mexico criminal courts is the names of jurors are drawn from the master jury wheel of the county district court per NMSA § 31-6-1. A master jury wheel is a database of potential jurors to be selected. Upon selection, a grand jury will serve up to three months, but the judge reserves the right to discharge or excuse grand jury members and substitute them as necessary.
The Balancing Act of Justice in New Mexico’s Grand Jury System
The grand jury functions as a lower-level check to prosecutorial power. It offers some scrutiny before serious charges are formally filed. In cases like Alec Baldwin’s, where felony, high-profile charges are involved, a grand jury can help temper potential bias and ensure a more objective assessment of the evidence.
The Alec Baldwin case is far from over, and how the legal battle will unfold remains to be seen. However, it serves as a crucial reminder of the delicate balance the grand jury system must maintain between safeguarding individual rights and pursuing justice for potential victims and the New Mexico public.
Are You Facing a Potential Grand Jury Indictment in New Mexico?
Grand jury proceedings do not always work to benefit prosecutors. You still have a real, fighting chance to present your story and potentially stop charges altogether. Experienced legal advice will reveal what you are up against and identify potential defensive strategies that apply to your case, regardless of how much evidence prosecutors and police think they have against you.
Our results-oriented and experienced grand jury defense lawyer wants to help you get started via video or phone at no cost. Call Grano Law Offices, P.C. at (505) 426-8711 or message through the contact form below to schedule your Free Case Strategy Session now.
