Lawyer & legal scholar who has worked on both sides - prosecution and BigLaw defense. Commentary not advice. Still covering Rust, Busfield, and Epstein in NM.
Joined March 2023
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Timothy Busfield Criminal Case Timeline:
1/9/26 - Arrest
1/20/26 - Pretrial Detention Hearing
1/21/26 - GJ Target and Bort Jones Notice. GJ is 2/5.
2/3/26 - Deadline for Bort Jones Letter re exculpatory evidence and witnesses. Busfield's counsel declines.
2/4/26 - Busfield notifies ADA he will testify before GJ.
2/5/26 - GJ held. Busfield shows up to testify. He has nine witnesses in tow along with exhibits including two Warner Brothers invests. Victims, their doctors, therapists, weren't contacted for studio backed invests.
In NM, the procedurally appropriate way to get the exculpatory evidence and witnesses into a GJ is via the Bort Jones process. Defense counsel pulled a sneaky move, trying to get questionable material and witnesses in through Busfield's testimony. Had they gone the Bort Jones route the prosecutor (via motion) and the judge likely wouldn't have OKed the proposed material.
I only made it to the hour 39 mark. It was painful. Gotta take a break. Notes Part 2:
On statutory definitions: "That's just when they define things blah blah blah." Tip: Statute specific definitions matter. A lot.
"Whoever willfully, either directly or indirectly...so already we're off to a weird start." No Em. This isn't a weird start. It's common statutory language.
SHE IGNORES STARTING ON OR ABOUT language in the indictments. Treats 13B charges like all he was doing was asking them to "to tell the truth."
She hasn't read the entire statute yet or the definitions but declares: "It feels like a real reach to call that a crime." It sure does if you ignore the definitions and case law!
Mid-reading of 13B she brings up if Karen was found guilty TB's ego would have been bruised. What? I honestly have no idea what she's talking about. It has nothing to do with interpreting 13B.
Oh no Expert has to save her. She's touching hair nonstop. Defense mechanism. He brings up the lacrosse game. Emily says: "Can I ask you one question about that one? Would that story hit differently to you if there wasn't a video? And then why is there a video?" This is irrelevant to the elements required under 13B.
She says: "He could also flip that just as easily and say he truly believed what he was saying. That they were dangerous people and he filmed for his own protection." UMMMMM? WHAT?!
She is honestly calling people stupid, dumbasses, and idiots while confusing Aidan's defamation talking points with his criminal case.
I gave up around the hour 40 mark. I tried.
From what I've heard, Expert guy graduated from law school. His wheels are spinning here as Emily gives her interpretation of 13B. I'm uncomfortable.
FYI: I have my own chart that I've been working on breaking down the elements of Aidan's charges etc. I'll share closer to trial.
Sharing my comment here because people might have Melissa blocked or vice versa.
Emily See stated numerous factual and legal misrepresentations the other night during her live with the Expert guy. I'm still watching. See below for a condensed list of the first ten minutes of errors.
Your clips popped up in my feed and this one was intriguing! I started watching around when this clip ends. We might not agree on everything but we agree on this. Holy cow. I'm ten minutes in and she's called people stupid, dumbasses, and idiots at least seven times. She then proceeded to:
Forgot the year of AK's indictment. "What is this...2024?"
Mistakes Julie Albert for Julie Nagel in the 13B counts. The indictment clearly says Nagel. See attached.
Misstates the total # of counts. Says there's 10 and omits the two 2025 13B D & E Chris and Colin Albert counts that were recently joined.
Says Rachel Rollins got the same subpoena she got. WRONG. Diller's name was clearly on Rollin's subpoena. That's the wrongful death suit. Does she think Jen McCabe is a party in the wrongful death suit?
Fails to comprehend the legal significance of impoundment orders.
Thinks proof of changing testimony is required. Read the case law and model jury instructions. It's not.
Her picketing analogy doesn't even reference a picketing event.
She's apparently an expert on prison structure and rehabilitation. To be fair, Marble Mouth Expert tries to pipe up. She says: "Is there any part of prison that's structured to rehabilitate?" "It's been four years since he did this. Has he picketed anyone else? Is he rehabilitated?" UMMMM? As someone who has visited prisons and met with individuals serving life sentences to discuss prison reform, she's clueless. That's a post for another time.
I haven't even gotten to her breakdown of 13B. Part 2 coming in another post!
For those interested in learning more about federal 1983 cases I highly recommend this article written by a former trial and appellate judge. While much of the focus is New Mexico specific, the sections discussing federal 1983 law are really helpful and relatively easy to understand. Scroll to page 7 (368).
digitalrepository.unm.edu/nm…
Come on MA. Enough is enough! In my state his repeated violations would have landed him in county lockup until trial.
AIDAN KEARNEY VIOLATES IMPOUNDMENT ORDER IN CRIMINAL CASE
During the course of his criminal case @DoctorTurtleboy was given Jen McCabe's full phone extraction under an order of IMPOUNDMENT.
This impoundment order means neither Kearney nor anyone on his legal team may reveal the contents of the extraction to the public.
For the past three days in a row, while crowd sourcing answers to his interrogatories in the defamation case, Kearney has read parts of her extraction live to his audience.
Think about that.
Kearney is charged with felony witness intimidation for harassing Jen McCabe and other witnesses, he is given the full contents of her phone under impoundment, and he is violating a court order and her privacy by reading the extraction to the public. He is also using it to taint the public opinion of the witnesses in both the criminal and civil defamation case by presenting their communications in a skewed light.
My question to the Norfolk County DAs office is WHEN are you going to protect witnesses?
WHAT good is a court order when people like Aidan Kearney are given carte blanche to use protected discovery smear and harass witnesses with impounded discovery material?
@djunaperkins as incoming DA what are your thoughts on this?
In my opinion, Aidan Kearney should face the strongest sanctions available for recklessly defying a court order intended to protect the very people he is accused of victimizing. I would suggest to @BradlLawPC and @Bederowlaw you prepare your client for the consequences of his actions.
Below is a video with snippets from the past three days with Kearney violating the impoundment order.
Refer to @LawyerYouKnow or EDB regarding the Karen Read v. MSP civil suit news. I'm the only one out here following Alec Baldwin's incredibly complex 1983 civil suit which has some similarities with KR's case. I have intentionally avoided her case as I don't want to confuse the two.
From his BSL yesterday. Class assignment interrog brainstorming session!
"I could have my lawyers do all the research on their own...it's cheaper this way."
"I need your help putting this list together...we have to remember everything."
"We need to get Samantha Benigno on here like ASAP."
NOTE: Actual paralegals must adhere to the same ethical rules as their supervising attorneys. What about the volunteer "paralegals" on his criminal case? Have Bradl and Bederow trained them on ethical requirements?
Written answers to interrogatories are sworn under the pains and penalties of perjury. They are NOT a class assignment or group project like Aidan conducted on two lives earlier this week. Grok actually gave a good "explain like I'm five answer" for those seeking context. Sharing here since it was buried in the comments on Julie's post. @JulieCar94
I donate every year and you should to! This is an incredible cause that helps both children and their families.
Okay, the 24 hour livestream is going to be split into four parts:
Part 1: youtube.com/live/-skQQP4UJdM…
Part 2 (TTRPG gaming!): youtube.com/watch?v=BI_vU5cr…
Part 3: youtube.com/watch?v=kNnx4tdz…
Part 4: youtube.com/watch?v=8q5uHqRH…
At least two women who attended the turtle festivities this weekend used AI to produce a picture with Lord Turtle. So I thought I'd give it a try! Which Rusty do you prefer?
Credit to @ScottKirch27 for creating the original muppet Rusty.
For those who remember the NM Supreme Court "witch" opinion (NM v. Lensegrav) - the prosecutor has been disbarred. The Disciplinary Board found a "pervasive pattern of misconduct that deprived defendants of fair trials." Well done NMSC!
santafenewmexican.com/news/l…
As a fellow John Adams nerd...I LOVE THIS! I also have a JA bobblehead. And John and Abigail Christmas nutcrackers! I highly recommend The Adams-Jefferson Letters which I'm assuming Judge Sullivan is referencing here.
Rust Trial retweeted
New documents filed in the Rob Thomson case allege neglect by attorney Tim Bradl for failing to file a motion he promised.
Last month this case drew a lot of attention, and Bradl’s media appearances were not in short supply, like in so many of his other client matters. He likes the spotlight. Now that the cameras have moved on, it appears he’s allegedly abandoned his client.
The motion filed by Thomson himself alleges that Bradl never filed a motion for court permission so he could leave the state for vacation and ultimately led to his detention. In court hearings, Bradl talked about how he’d noticed his client’s brain injuries from the accident at the center of the case and even hinted at mental issues. Still no justification for walking away. This is a man who lost his son and whose entire world changed overnight. He could have been given a little more grace by his attorney.
This would not be the first client accusing Bradl of neglecting his duties and taking on too many cases. Not too long ago, another one of his clients would constantly whine to me like a little toddler about how Bradl spread himself too thin and took on too many murder cases. As of this reporting, Bradl is listed as attorney of record in 5 different murder cases currently pending in the state. He also served as attorney on at least 2 other murder trials during 2026, which resolved in guilty convictions.
Funny how people like Kyle Sharkey, who were glued to this case and busy framing every development as a win for the witness intimidation statute, have gone completely silent now that the updates aren’t so flattering.
Rust Trial retweeted
Aidan- Why lie AGAIN and say you never posted about Karen’s interview on Howie?
Remember your post below?
Lies. Lies. And more lies.
THIS👇
Two reasons the spoliation instruction will be denied: No proof of "bad faith" or intentional sabotage: The defense has to prove that law enforcement intentionally destroyed the evidence to hide something. The testimony was the hard drive crashed so it doesn't meet the high legal bar to give the instruction.
The federal investigation was separate. The defense wants to blame federal prosecutors for mistakes made during the initial state police investigation. But the government has built its an independent case using separate FBI forensic data and will argue they cannot be legally penalized for a state agency's mistakes via a spoliation instruction.
Deer count is at 21 tonight! I think they were having a happy hour as several of them seemed a bit frisky.
Deer: 11
Trick or Treaters: 6
Houses are too far apart on our street to trick or treat but those of us with younger kids agreed to go to make the rounds before heading elsewhere. I'm on house duty and to my surprise some older sib + friends were dressed like Soulja Boy. Is he making a comeback or is he vintage at this point?!
Either way, I instantly went into Crank Dat mode. They were shocked and declared us coolest house on the street. As a former dancer who occasionally teaches ballet and hip hop I love surprising people.