Judge considers joint trial for hate crime suspects in Blackie beating

By Rhys Saunders
The Daily Times

AZTEC — A district judge said Tuesday that he will consider scheduling a joint trial for three men accused of committing a hate crime.

C.L. Carnie, 21, Freddie Brooks, 21, and John Winer, 18, all face charges in connection with the June 4 beating of a Navajo man, William Blackie, near the Glade Run Recreation Area off Piñon Hills Boulevard, north of Farmington.

The three men allegedly picked up Blackie on Broadway and asked him to buy them beer before driving the victim to the Glade area, where they attacked him, court documents state.

When officers spoke with him, Blackie was disoriented and told police he was beaten by three white men.

Brooks is scheduled to stand trial Feb. 14. A trial date has yet to be set for Carnie, and Winer is scheduled to appear for a final pretrial conference Jan. 18.

Carnie and Winer both have pending cases before District Judge Thomas Hynes, while Brooks' case is in District Judge John Dean's courtroom.

During Winer's pretrial conference Tuesday, Hynes said he will consider trying the three men simultaneously.

Deputy District Attorney Eric Morrow, who is prosecuting all three cases, said he could not comment on whether he supports joining the cases for a single trial.

"Many times, defendants' cases are joined and many times they are not," he said. "There are legal reasons for joining and legal reasons for not joining."

Deputy District Attorney Lisa Kuykendall, who was filling in for Morrow during Winer's Tuesday appearance, said in court that she believes the cases could be tried together.

Three attorneys representing the defendants all said they do not favor a joint trial.

"None of the defense attorneys have talked about it," said Rick Tedrow, who represents Brooks. "I think it makes it a little more difficult because you get a lot of finger-pointing when you combine them. Right now, I'm not too crazy about combining them all."

Scott Curtis, who represents Carnie, said he would resist a joint trial, but would not disclose the reasons why.

Ron Adamson, who represents Winer, said he doubts the three attorneys will agree to consolidate their clients' criminal cases.

"I don't anticipate it happening," he said.

Morrow said he still intends to prosecute the three men under New Mexico's Hate Crimes Act, which could enhance sentencing by as much as one year for each criminal charge connected with a hate crime.

"All of the primary charges, which are the felony charges, and which were directed toward Mr. Blackie, would be considered hate crime violations," he said. "It doesn't necessarily follow that every felony crime is subject to the enhancement."

However, the judge will determine the amount of enhanced time each defendant will face if Brooks, Carnie and Winer are convicted.

In lieu of increased jail time, the three men could face an alternative sentence such as community service, treatment, education, or any combination of those three options, Morrow said.