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‘House arrest’ imposed after baseball outing

ALBUQUERQUE, N.M. — An Albuquerque judge on Wednesday set temporary conditions of release prohibiting Justin Hansen from leaving home for “recreational activities” as he awaits sentencing on attempted murder and aggravated burglary charges.

Hansen pleaded in April in the 2008 shovel attack that nearly killed Brittani Marcell, but he has remained out of custody on the same release conditions the court imposed early on in his case. Wednesday’s hearing before state District Judge Cindy Leos came in response to a request from the state seeking clarification of Hansen’s release conditions after Marcell’s sister spotted him at a weekend baseball game.

Hansen had obtained permission to attend the game from the court’s pretrial services division, but the state argued that “allowing such a frivolous outing is contrary to the spirit of the court’s order.”

Leos offered some clarification Wednesday in an interim order, and she wrote that Hansen is “on house arrest” and should not be leaving home for recreational activities.

“You are not to be going to any events, like the Isotopes, or restaurants or anything like that,” she said in court.

Whether the initial judge who set his conditions of release specifically ordered house arrest, and what exactly that means, was in question at Wednesday’s hearing. Leos said she would issue a final order after reviewing that hearing.

Marshall Dixon, pretrial services officer, said in court that house arrest is not specified on the order outlining Hansen’s conditions.

“The gentleman has been compliant through 11 months worth of supervision,” he said. “I don’t know what else to tell you. There’s nothing that would say that he can’t go to a baseball game.”

But prosecutor David Waymire pointed out that the order shows Hansen is not to leave his home without court permission, which he said he interpreted to mean house arrest.

Hansen’s attorney Rose Osborne said that because her client had not violated his conditions of release, the court should not consider modifying them.

He faces up to 18 years and is set for sentencing next month.

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