Alec Baldwin fired shot that killed one, wounded another on film set
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Alec Baldwin's attorneys argue damage to gun during testing was destruction of evidence
Author of the article:Associated Press
Associated Press
Published Jun 24, 2024 • 3 minute read
SANTA FE, N.M. — Alec Baldwin’s defense attorneys argued Monday that damage done during FBI testing to a revolver that killed a cinematographer on the set of the Western “Rust” has stripped them of the ability to put on a proper defense at the actor’s forthcoming trial, and asked a New Mexico judge to dismiss the involuntary manslaughter charge against him.
“They understood that this was potentially exculpatory evidence and they destroyed it anyway,” Baldwin lawyer John Bash said during a virtual court hearing. “It’s outrageous and it requires dismissal.”
Prosecutors argued that the gun breaking into pieces during testing was “unfortunate” but that Baldwin’s team still has plenty of evidence for a defense and did not meet their burden for having the case thrown out.
Judge Mary Marlowe Sommer said she expects to issue a ruling on the motion to dismiss on Friday.
During the fatal rehearsal on Oct. 21, 2021, Baldwin was pointing the gun at Halyna Hutchins on a movie-set ranch when it went off, killing her and wounding director Joel Souza, who survived.
Sheriff’s investigators initially sent the revolver to the FBI only for DNA testing, but when an FBI analyst heard Baldwin say in an ABC TV interview in December that he never pulled the trigger, the agency told the local authorities they could conduct an accidental discharge test.
The FBI was told to go ahead, and tested the revolver by striking it from several angles with a rawhide mallet. One of those strikes caused the gun to break into three pieces.
The FBI had made police and prosecutors aware that the test could do major damage to the gun, which hadn’t been tested by the defense, but the authorities went ahead with the test without bothering to disassemble it and photograph its parts first, thus eliminating their most critical evidence in the case, Baldwin’s lawyers argued.
“We can never use our own expert to examine that firearm,” Bash said.
The prosecution argued that the gun was not destroyed as the defense said.
“The parts are still available,” special prosecutor Erlinda Johnson said. “The fact that this gun was unfortunately damaged does not deprive the defendant of ability to question the evidence.”
But Baldwin’s lawyers said the damage done to the top notch on the revolver’s hammer rendered the most important testing impossible.
They argued that if Marlowe Sommer declined to throw out the case, she should at least not allow any of the technical gun analysis to be presented at trial.
Baldwin’s attorneys gave long and probing cross-examinations to the lead detective, an FBI forensic firearm investigator and the prosecution’s independent gun expert in testimony that was likely a dress rehearsal for the high profile trial, where Baldwin, who was not on the online hearing, will be appearing in person.
The special prosecutors running the case argued that those cross-examinations proved that the defense has plenty of gun evidence to work with at the trial.
“They have other reasonable available means to making their point,” Johnson said.
She added that all available evidence, from witness testimony to video of Baldwin firing the gun in movie footage, showed that the gun was in good working order on the day of the shooting, and that police had no reason to believe its internal workings could provide exonerating evidence.
Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Defense attorneys are highlighting a previously undisclosed expert analysis that outlines uncertainty about the origin of toolmarks on the gun’s firing mechanism.
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison.
Armorer Hannah Gutierrez-Reed was convicted in March of involuntary manslaughter for her role in the shooting and was sentenced to 18 months in prison.
On Friday, the judge denied prosecutors’ request to use immunity to compel testimony from Gutierrez-Reed at Baldwin’s trial. Her statements to investigators and workplace safety regulators will likely feature prominently in Baldwin’s trial.
Last year, special prosecutors dismissed an involuntary manslaughter charge against Baldwin, saying they were informed the gun might have been modified before the shooting and malfunctioned. But they pivoted after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
torontosun.com
Author of the article:Associated Press
Associated Press
Published Jun 24, 2024 • 3 minute read
SANTA FE, N.M. — Alec Baldwin’s defense attorneys argued Monday that damage done during FBI testing to a revolver that killed a cinematographer on the set of the Western “Rust” has stripped them of the ability to put on a proper defense at the actor’s forthcoming trial, and asked a New Mexico judge to dismiss the involuntary manslaughter charge against him.
“They understood that this was potentially exculpatory evidence and they destroyed it anyway,” Baldwin lawyer John Bash said during a virtual court hearing. “It’s outrageous and it requires dismissal.”
Prosecutors argued that the gun breaking into pieces during testing was “unfortunate” but that Baldwin’s team still has plenty of evidence for a defense and did not meet their burden for having the case thrown out.
Judge Mary Marlowe Sommer said she expects to issue a ruling on the motion to dismiss on Friday.
During the fatal rehearsal on Oct. 21, 2021, Baldwin was pointing the gun at Halyna Hutchins on a movie-set ranch when it went off, killing her and wounding director Joel Souza, who survived.
Sheriff’s investigators initially sent the revolver to the FBI only for DNA testing, but when an FBI analyst heard Baldwin say in an ABC TV interview in December that he never pulled the trigger, the agency told the local authorities they could conduct an accidental discharge test.
The FBI was told to go ahead, and tested the revolver by striking it from several angles with a rawhide mallet. One of those strikes caused the gun to break into three pieces.
The FBI had made police and prosecutors aware that the test could do major damage to the gun, which hadn’t been tested by the defense, but the authorities went ahead with the test without bothering to disassemble it and photograph its parts first, thus eliminating their most critical evidence in the case, Baldwin’s lawyers argued.
“We can never use our own expert to examine that firearm,” Bash said.
The prosecution argued that the gun was not destroyed as the defense said.
“The parts are still available,” special prosecutor Erlinda Johnson said. “The fact that this gun was unfortunately damaged does not deprive the defendant of ability to question the evidence.”
But Baldwin’s lawyers said the damage done to the top notch on the revolver’s hammer rendered the most important testing impossible.
They argued that if Marlowe Sommer declined to throw out the case, she should at least not allow any of the technical gun analysis to be presented at trial.
Baldwin’s attorneys gave long and probing cross-examinations to the lead detective, an FBI forensic firearm investigator and the prosecution’s independent gun expert in testimony that was likely a dress rehearsal for the high profile trial, where Baldwin, who was not on the online hearing, will be appearing in person.
The special prosecutors running the case argued that those cross-examinations proved that the defense has plenty of gun evidence to work with at the trial.
“They have other reasonable available means to making their point,” Johnson said.
She added that all available evidence, from witness testimony to video of Baldwin firing the gun in movie footage, showed that the gun was in good working order on the day of the shooting, and that police had no reason to believe its internal workings could provide exonerating evidence.
Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Defense attorneys are highlighting a previously undisclosed expert analysis that outlines uncertainty about the origin of toolmarks on the gun’s firing mechanism.
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison.
Armorer Hannah Gutierrez-Reed was convicted in March of involuntary manslaughter for her role in the shooting and was sentenced to 18 months in prison.
On Friday, the judge denied prosecutors’ request to use immunity to compel testimony from Gutierrez-Reed at Baldwin’s trial. Her statements to investigators and workplace safety regulators will likely feature prominently in Baldwin’s trial.
Last year, special prosecutors dismissed an involuntary manslaughter charge against Baldwin, saying they were informed the gun might have been modified before the shooting and malfunctioned. But they pivoted after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
Alec Baldwin's attorneys argue damage to gun during testing was destruction of evidence
Prosecutors argued the gun breaking during testing was "unfortunate" but that Alec Baldwin's team still has plenty of evidence for a defense
In the end justice of a sort will be done-it's painfully apparent he's guilty and dragging him through the legal mud for years is his reward.
Alec Baldwin’s case is on track for trial in July as judge denies request to dismiss
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Jun 28, 2024 • Last updated 3 days ago • 3 minute read
SANTA FE, N.M. — A court ruling on Friday put an involuntary manslaughter case against Alec Baldwin on track for trial in early July as a judge denied a request to dismiss the case on complaints that key evidence was damaged by the FBI during forensic testing.
Judge Mary Marlowe Sommer sided with prosecutors in rejecting a motion to dismiss the case.
Defence attorneys had argued that the gun in the fatal shooting was heavily damaged during FBI forensic testing before it could be examined for possible modifications or problems that might exonerate the actor-producer. The ruling removes one of the last hurdles before prosecutors can bring the case to trail.
During a rehearsal on the set of the Western film “Rust” in 2021, Baldwin pointed a gun at cinematographer Halyna Hutchins when the revolver went off, killing her and injuring director Joel Souza. Baldwin has maintained that he pulled back the gun’s hammer but not the trigger and has pleaded not guilty.
The FBI conducted an accidental discharge test on the gun by striking it from several angles with a rawhide mallet, eventually breaking the gun. Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Baldwin has twice been charged in Hutchins’ death. Prosecutors dismissed an earlier charge, then refiled it after receiving a new analysis of the revolver that Baldwin pointed at Hutchins.
“Rust” armourer Hannah Gutierrez-Reed is serving an 18 month sentence on a conviction for involuntary manslaughter in the fatal shooting, as she appeals the jury verdict.
Marlowe Sommer said that destruction of internal components of the firearm “is not highly prejudicial” to a fair trial.
While Baldwin “contends that an unaltered firearm is critical to his case, other evidence concerning the functionality of the firearm on Oct. 21, 2021, weighs against the defendant’s assertions,” the judge wrote.
Sheriff’s investigators initially sent the revolver to the FBI for routine testing, but when an FBI analyst heard Baldwin say in an ABC TV interview that he never pulled the trigger, the agency told local authorities they could conduct an accidental discharge test, though it might damage the gun.
The FBI was told by a team of investigators to go ahead, and tested the revolver by striking it from several angles with a rawhide mallet. One of those strikes fractured the gun’s firing and safety mechanisms.
Defence attorneys say that the “outrageous” decision to move forward with testing may have destroyed exculpatory evidence.
Prosecutors said it was “unfortunate” the gun broke, but it wasn’t destroyed and the parts are still available. They say Baldwin’s attorneys still have the ability to defend their client and question the evidence against him.
Several hours of testimony about the gun and forensic testing during online hearings in recent days provided a dress rehearsal for the possible trial against Baldwin. Attorneys for Baldwin gave long and probing cross-examinations of the lead detective, an FBI forensic firearm investigator and the prosecution’s independent gun expert, Lucien Haag.
Prosecutors plan to present evidence that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Since the 2021 shooting, the filming of “Rust” resumed but moved to Montana under an agreement with Hutchins’ husband, Matthew Hutchins, which made him an executive producer. The completed movie has not yet been released for public viewing.
torontosun.com
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Jun 28, 2024 • Last updated 3 days ago • 3 minute read
SANTA FE, N.M. — A court ruling on Friday put an involuntary manslaughter case against Alec Baldwin on track for trial in early July as a judge denied a request to dismiss the case on complaints that key evidence was damaged by the FBI during forensic testing.
Judge Mary Marlowe Sommer sided with prosecutors in rejecting a motion to dismiss the case.
Defence attorneys had argued that the gun in the fatal shooting was heavily damaged during FBI forensic testing before it could be examined for possible modifications or problems that might exonerate the actor-producer. The ruling removes one of the last hurdles before prosecutors can bring the case to trail.
During a rehearsal on the set of the Western film “Rust” in 2021, Baldwin pointed a gun at cinematographer Halyna Hutchins when the revolver went off, killing her and injuring director Joel Souza. Baldwin has maintained that he pulled back the gun’s hammer but not the trigger and has pleaded not guilty.
The FBI conducted an accidental discharge test on the gun by striking it from several angles with a rawhide mallet, eventually breaking the gun. Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Baldwin has twice been charged in Hutchins’ death. Prosecutors dismissed an earlier charge, then refiled it after receiving a new analysis of the revolver that Baldwin pointed at Hutchins.
“Rust” armourer Hannah Gutierrez-Reed is serving an 18 month sentence on a conviction for involuntary manslaughter in the fatal shooting, as she appeals the jury verdict.
Marlowe Sommer said that destruction of internal components of the firearm “is not highly prejudicial” to a fair trial.
While Baldwin “contends that an unaltered firearm is critical to his case, other evidence concerning the functionality of the firearm on Oct. 21, 2021, weighs against the defendant’s assertions,” the judge wrote.
Sheriff’s investigators initially sent the revolver to the FBI for routine testing, but when an FBI analyst heard Baldwin say in an ABC TV interview that he never pulled the trigger, the agency told local authorities they could conduct an accidental discharge test, though it might damage the gun.
The FBI was told by a team of investigators to go ahead, and tested the revolver by striking it from several angles with a rawhide mallet. One of those strikes fractured the gun’s firing and safety mechanisms.
Defence attorneys say that the “outrageous” decision to move forward with testing may have destroyed exculpatory evidence.
Prosecutors said it was “unfortunate” the gun broke, but it wasn’t destroyed and the parts are still available. They say Baldwin’s attorneys still have the ability to defend their client and question the evidence against him.
Several hours of testimony about the gun and forensic testing during online hearings in recent days provided a dress rehearsal for the possible trial against Baldwin. Attorneys for Baldwin gave long and probing cross-examinations of the lead detective, an FBI forensic firearm investigator and the prosecution’s independent gun expert, Lucien Haag.
Prosecutors plan to present evidence that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Since the 2021 shooting, the filming of “Rust” resumed but moved to Montana under an agreement with Hutchins’ husband, Matthew Hutchins, which made him an executive producer. The completed movie has not yet been released for public viewing.
Alec Baldwin’s case is on track for trial in July as judge denies request to dismiss
A court ruling on Friday put an involuntary manslaughter case against Alec Baldwin on track for trial in early July.
Judge rules Alec Baldwin’s role as co-producer not relevant in fatal set shooting
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Jul 08, 2024 • Last updated 7 hours ago • 4 minute read
Alec Baldwin ’s role as a producer of the Western film “Rust” isn’t relevant to the involuntary manslaughter trial over a fatal shooting on set, a New Mexico judge decided Monday.
The move is a major setback for prosecutors just as trial was about to begin. They had planned to present evidence that showed how Baldwin bore a special responsibility — as co-producer, well beyond that of the actor holding the gun — for the dangerous environment that led to the deadly shooting of cinematographer Halyna Hutchins during a rehearsal.
“I’m having real difficulty with the state’s position that they want to show that as a producer he didn’t follow guidelines and therefore as an actor Mr. Baldwin did all of these things wrong that resulted in the death of Ms. Hutchins because as a producer he allowed these things to happen,” Judge Mary Marlowe Sommer said. “I’m denying evidence of his status as a producer.”
Special prosecutor Erlinda Ocampo Johnson argued unsuccessfully that Baldwin was “keenly aware” of his safety obligations as a producer, in an attempt to bolster an alternative theory of guilt beyond negligent use of a firearm. The prosecution has tried to link Baldwin’s behavior on set to “total disregard or indifference for the safety of others.”
In the courtroom Monday, Baldwin sat between lead attorneys Luke Nikas and Alex Spiro. He appeared to listen intently, taking occasional notes on a yellow legal pad and handing written messages to an attorney. Baldwin wore glasses and close-cropped hair.
The trial starts Tuesday with jury selection and is scheduled to last 10 days.
Last week, the judge cleared the way for crucial firearms experts for the prosecution to testify about Baldwin’s handling of the revolver and whether the gun was functioning properly prior to the fatal shooting.
On Monday, the judge sided with prosecutors to exclude at trial the summary findings from a state workplace safety investigation that places much of the blame on assistant director Dave Halls. Halls has pleaded no contest to negligent use of a firearm and may be called to testify at Baldwin’s trial.
Prosecutors say the workplace safety investigation was incomplete, unreliable and glossed over Baldwin’s responsibilities in the fatal shooting.
Rust Movie Productions paid a $100,000 fine to resolve violations of state safety regulations that were characterized as “serious” but not willful, under a 2023 settlement agreement. Several witnesses to the workplace safety investigation are likely to be called to testify at Baldwin’s trial.
Prosecutors also will be able to present at trial graphic images of Hutchins’ injuries from an autopsy report, over objections from the defence, as well as police lapel camera video of the immediate aftermath of the shooting as medics arrived on set to treat the wounded Hutchins and Souza.
Baldwin is charged with a single felony count of involuntary manslaughter punishable by up to 18 months in prison if he’s convicted.
Hannah Gutierrez-Reed, the armourer on set, was convicted of involuntary manslaughter in Hutchins’ death and sentenced to 18 months in prison. She is appealing the conviction.
In October 2021, Baldwin was rehearsing a cross-draw maneuver with the revolver when the gun went off, killing Hutchins and wounding director Joel Souza.
Baldwin has pleaded not guilty and claims the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware the gun contained a live round, Baldwin said he pulled back the hammer — not the trigger _ and it fired.
Baldwin’s attorneys successfully sought to bar discussion at trial of fatal gun incidents on movie sets, including actor Brandon Lee’s death from a shot to the abdomen while filming a scene from “The Crow” in 1993. In that instance, a makeshift bullet was mistakenly left in a gun from a previous scene and struck Lee while filming a scene that called for using blank rounds.
Prosecutors have agreed not to elicit testimony about “The Crow,” but also contend that Baldwin knew about safety risks posed by guns — even when live rounds are not present.
Marlowe Sommer said she’ll allow just a single reference at trial to the fact that blank rounds without a projectile can be fatal. Attorneys for Baldwin argue that it was inconceivable that live rounds would wind up on set.
The judge sided with prosecutors in excluding from trial a letter signed by crew members that disputes the characterizations of the “Rust” set as chaotic or dangerous prior to the fatal shooting.
Another pretrial motion might defuse snipping between the prosecution and defence teams. Prosecutors want the judge to preclude accusations of “prosecutorial misconduct” and “personal attacks.”
Marlowe Sommer said discussion at trial of prosecutorial misconduct will be limited to testimony and expert analysis of the gun in the fatal shooting and FBI forensic testing that damaged the firing mechanism. Defence attorneys argue that may have destroyed possible exculpatory evidence.
The judge ruled evidence and arguments designed to garner sympathy for Baldwin also won’t be allowed at trial, including indications of remorse or the impact of events on his family. Prosecutors say those arguments have no bearing on determining guilt.
Baldwin is a three-time Emmy winner who has gone from star and leading man to bit player to scene stealer, at times going years without a major role in a hit film or show. But he’s remained a household name for nearly 35 years, largely on the strength of his real-life personality: as an outspoken liberal, talk-show guest and the king of all “Saturday Night Live” hosts.
torontosun.com
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Jul 08, 2024 • Last updated 7 hours ago • 4 minute read
Alec Baldwin ’s role as a producer of the Western film “Rust” isn’t relevant to the involuntary manslaughter trial over a fatal shooting on set, a New Mexico judge decided Monday.
The move is a major setback for prosecutors just as trial was about to begin. They had planned to present evidence that showed how Baldwin bore a special responsibility — as co-producer, well beyond that of the actor holding the gun — for the dangerous environment that led to the deadly shooting of cinematographer Halyna Hutchins during a rehearsal.
“I’m having real difficulty with the state’s position that they want to show that as a producer he didn’t follow guidelines and therefore as an actor Mr. Baldwin did all of these things wrong that resulted in the death of Ms. Hutchins because as a producer he allowed these things to happen,” Judge Mary Marlowe Sommer said. “I’m denying evidence of his status as a producer.”
Special prosecutor Erlinda Ocampo Johnson argued unsuccessfully that Baldwin was “keenly aware” of his safety obligations as a producer, in an attempt to bolster an alternative theory of guilt beyond negligent use of a firearm. The prosecution has tried to link Baldwin’s behavior on set to “total disregard or indifference for the safety of others.”
In the courtroom Monday, Baldwin sat between lead attorneys Luke Nikas and Alex Spiro. He appeared to listen intently, taking occasional notes on a yellow legal pad and handing written messages to an attorney. Baldwin wore glasses and close-cropped hair.
The trial starts Tuesday with jury selection and is scheduled to last 10 days.
Last week, the judge cleared the way for crucial firearms experts for the prosecution to testify about Baldwin’s handling of the revolver and whether the gun was functioning properly prior to the fatal shooting.
On Monday, the judge sided with prosecutors to exclude at trial the summary findings from a state workplace safety investigation that places much of the blame on assistant director Dave Halls. Halls has pleaded no contest to negligent use of a firearm and may be called to testify at Baldwin’s trial.
Prosecutors say the workplace safety investigation was incomplete, unreliable and glossed over Baldwin’s responsibilities in the fatal shooting.
Rust Movie Productions paid a $100,000 fine to resolve violations of state safety regulations that were characterized as “serious” but not willful, under a 2023 settlement agreement. Several witnesses to the workplace safety investigation are likely to be called to testify at Baldwin’s trial.
Prosecutors also will be able to present at trial graphic images of Hutchins’ injuries from an autopsy report, over objections from the defence, as well as police lapel camera video of the immediate aftermath of the shooting as medics arrived on set to treat the wounded Hutchins and Souza.
Baldwin is charged with a single felony count of involuntary manslaughter punishable by up to 18 months in prison if he’s convicted.
Hannah Gutierrez-Reed, the armourer on set, was convicted of involuntary manslaughter in Hutchins’ death and sentenced to 18 months in prison. She is appealing the conviction.
In October 2021, Baldwin was rehearsing a cross-draw maneuver with the revolver when the gun went off, killing Hutchins and wounding director Joel Souza.
Baldwin has pleaded not guilty and claims the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware the gun contained a live round, Baldwin said he pulled back the hammer — not the trigger _ and it fired.
Baldwin’s attorneys successfully sought to bar discussion at trial of fatal gun incidents on movie sets, including actor Brandon Lee’s death from a shot to the abdomen while filming a scene from “The Crow” in 1993. In that instance, a makeshift bullet was mistakenly left in a gun from a previous scene and struck Lee while filming a scene that called for using blank rounds.
Prosecutors have agreed not to elicit testimony about “The Crow,” but also contend that Baldwin knew about safety risks posed by guns — even when live rounds are not present.
Marlowe Sommer said she’ll allow just a single reference at trial to the fact that blank rounds without a projectile can be fatal. Attorneys for Baldwin argue that it was inconceivable that live rounds would wind up on set.
The judge sided with prosecutors in excluding from trial a letter signed by crew members that disputes the characterizations of the “Rust” set as chaotic or dangerous prior to the fatal shooting.
Another pretrial motion might defuse snipping between the prosecution and defence teams. Prosecutors want the judge to preclude accusations of “prosecutorial misconduct” and “personal attacks.”
Marlowe Sommer said discussion at trial of prosecutorial misconduct will be limited to testimony and expert analysis of the gun in the fatal shooting and FBI forensic testing that damaged the firing mechanism. Defence attorneys argue that may have destroyed possible exculpatory evidence.
The judge ruled evidence and arguments designed to garner sympathy for Baldwin also won’t be allowed at trial, including indications of remorse or the impact of events on his family. Prosecutors say those arguments have no bearing on determining guilt.
Baldwin is a three-time Emmy winner who has gone from star and leading man to bit player to scene stealer, at times going years without a major role in a hit film or show. But he’s remained a household name for nearly 35 years, largely on the strength of his real-life personality: as an outspoken liberal, talk-show guest and the king of all “Saturday Night Live” hosts.
Judge rules Alec Baldwin’s role as co-producer not relevant in fatal set shooting
A New Mexico judge is setting the table for the involuntary manslaughter trial of actor Alec Baldwin, who arrived at court Monday
Jury is seated in Alec Baldwin’s involuntary manslaughter trial in New Mexico
Author of the article:Associated Press
Associated Press
Morgan Lee And Andrew Dalton
Published Jul 09, 2024 • Last updated 1 day ago • 3 minute read
SANTA FE, N.M. — Sixteen jurors were seated Tuesday for Alec Baldwin’s involuntary manslaughter trial in New Mexico, where opening statements are set to start Wednesday.
Five men and 11 women were chosen by Santa Fe County special prosecutors and the actor’s team of defence attorneys. Twelve will be designated as the jury and four as alternates by the court only after they hear the case.
They’ll be tasked with deciding whether Baldwin committed the felony when, during a rehearsal in October 2021, a revolver went off while he was pointing it at cinematographer Halyna Hutchins, killing her and wounding director Joel Souza. They were on the set of the Western film “Rust,” at Bonanza Creek Ranch some 29 kilometres from where the trial is being held.
Media members were not allowed in the courtroom when attorneys used their challenges to strike jurors. Judge Mary Marlowe Sommer swore in the jury, told them to avoid news about the case and to report Wednesday morning.
Baldwin, 66, could get up to 18 months in prison if the jurors unanimously find him guilty.
The selection got off to a slow start Tuesday with a delay of over two hours due to technical problems, but the panel was selected in a single day as expected.
When Marlowe Sommer asked the pool of 70 possible jurors if they were familiar with the case, all but two raised their hands to indicate they were.
Two others indicated they would not be able to be fair and impartial and were excused.
Baldwin, the star of “30 Rock” and “The Hunt for Red October” and a major Hollywood figure for 35 years, sat in the courtroom with a team of four of his lawyers, dressed in a gray suit, dark tie, white shirt with glasses and neatly combed hair.
His wife, Hilaria Baldwin, and his brother, “The Usual Suspects” actor Stephen Baldwin, were seated in the back of the courtroom.
Under questioning from prosecutor Kari Morrissey, a potential juror said she hates firearms, but many others acknowledged owning them and few people expressed strong opinions about guns.
Baldwin’s lawyer Alex Spiro in his questioning highlighted the gravity of the situation — “obviously someone lost their life” _ and asked jurors to come forward with any reservations about their own ability to be fair and impartial.
“Does anyone have that view, even in the slightest?” Spiro asked the group.
He asked them to come forward if they’d shared opinions about the case online. None did.
Spiro asked if any of them had strong opinions on gun safety, and whether a person can rely on an expert to ensure the safety of a gun, not just themselves.
Several said they always treat a gun as if it were loaded. One man said he was taught to respect and treat guns the same way, but also deferred to an instructor during instruction he got for a concealed carry permit.
Spiro also asked whether jurors were comfortable questioning the judgment of law enforcement officials, even those testifying under oath.
He asked whether any knew potential witnesses, and several said they knew Santa Fe County Sheriff Adan Mendoza, who is on the prosecution’s witness list.
Getting chosen to serve in a trial of such a major star accused of such a major crime would be unusual even in Los Angeles or Baldwin’s hometown of New York. But it will be essentially an unheard-of experience for those who are picked as jurors in Santa Fe, New Mexico, though in recent years the state has increasingly become a hub of Hollywood production.
Baldwin and his wife arrived at the courthouse early with their youngest child, Ilaria Catalina Irena Baldwin. The couple have seven children, ranging in ages from 1 to 10.
Baldwin has said the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that the gun contained a live round, Baldwin said he pulled back the hammer — not the trigger — and it fired.
Hutchins was considered a rising star in film photography when she was killed at age 42. She was the mother of a young son who grew up on a remote Soviet military base and worked on documentary films in Eastern Europe before studying film in Los Angeles and embarking on a movie-making career.
— Dalton reported from Los Angeles.
torontosun.com
Author of the article:Associated Press
Associated Press
Morgan Lee And Andrew Dalton
Published Jul 09, 2024 • Last updated 1 day ago • 3 minute read
SANTA FE, N.M. — Sixteen jurors were seated Tuesday for Alec Baldwin’s involuntary manslaughter trial in New Mexico, where opening statements are set to start Wednesday.
Five men and 11 women were chosen by Santa Fe County special prosecutors and the actor’s team of defence attorneys. Twelve will be designated as the jury and four as alternates by the court only after they hear the case.
They’ll be tasked with deciding whether Baldwin committed the felony when, during a rehearsal in October 2021, a revolver went off while he was pointing it at cinematographer Halyna Hutchins, killing her and wounding director Joel Souza. They were on the set of the Western film “Rust,” at Bonanza Creek Ranch some 29 kilometres from where the trial is being held.
Media members were not allowed in the courtroom when attorneys used their challenges to strike jurors. Judge Mary Marlowe Sommer swore in the jury, told them to avoid news about the case and to report Wednesday morning.
Baldwin, 66, could get up to 18 months in prison if the jurors unanimously find him guilty.
The selection got off to a slow start Tuesday with a delay of over two hours due to technical problems, but the panel was selected in a single day as expected.
When Marlowe Sommer asked the pool of 70 possible jurors if they were familiar with the case, all but two raised their hands to indicate they were.
Two others indicated they would not be able to be fair and impartial and were excused.
Baldwin, the star of “30 Rock” and “The Hunt for Red October” and a major Hollywood figure for 35 years, sat in the courtroom with a team of four of his lawyers, dressed in a gray suit, dark tie, white shirt with glasses and neatly combed hair.
His wife, Hilaria Baldwin, and his brother, “The Usual Suspects” actor Stephen Baldwin, were seated in the back of the courtroom.
Under questioning from prosecutor Kari Morrissey, a potential juror said she hates firearms, but many others acknowledged owning them and few people expressed strong opinions about guns.
Baldwin’s lawyer Alex Spiro in his questioning highlighted the gravity of the situation — “obviously someone lost their life” _ and asked jurors to come forward with any reservations about their own ability to be fair and impartial.
“Does anyone have that view, even in the slightest?” Spiro asked the group.
He asked them to come forward if they’d shared opinions about the case online. None did.
Spiro asked if any of them had strong opinions on gun safety, and whether a person can rely on an expert to ensure the safety of a gun, not just themselves.
Several said they always treat a gun as if it were loaded. One man said he was taught to respect and treat guns the same way, but also deferred to an instructor during instruction he got for a concealed carry permit.
Spiro also asked whether jurors were comfortable questioning the judgment of law enforcement officials, even those testifying under oath.
He asked whether any knew potential witnesses, and several said they knew Santa Fe County Sheriff Adan Mendoza, who is on the prosecution’s witness list.
Getting chosen to serve in a trial of such a major star accused of such a major crime would be unusual even in Los Angeles or Baldwin’s hometown of New York. But it will be essentially an unheard-of experience for those who are picked as jurors in Santa Fe, New Mexico, though in recent years the state has increasingly become a hub of Hollywood production.
Baldwin and his wife arrived at the courthouse early with their youngest child, Ilaria Catalina Irena Baldwin. The couple have seven children, ranging in ages from 1 to 10.
Baldwin has said the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that the gun contained a live round, Baldwin said he pulled back the hammer — not the trigger — and it fired.
Hutchins was considered a rising star in film photography when she was killed at age 42. She was the mother of a young son who grew up on a remote Soviet military base and worked on documentary films in Eastern Europe before studying film in Los Angeles and embarking on a movie-making career.
— Dalton reported from Los Angeles.
Jury is seated in Alec Baldwin’s involuntary manslaughter trial in New Mexico
Sixteen jurors were seated Tuesday for Alec Baldwin’s involuntary manslaughter trial in New Mexico.
Alec Baldwin’s involuntary manslaughter trial starts with witnesses recalling chaotic set shooting
Author of the article:Associated Press
Associated Press
Morgan Lee And Andrew Dalton
Published Jul 10, 2024 • Last updated 1 day ago • 5 minute read
SANTA FE, N.M. — A defence attorney told jurors Wednesday that the shooting death of cinematographer Halyna Hutchins was an “unspeakable tragedy” but that “ Alec Baldwin committed no crime; he was an actor, acting.”
Baldwin’s lawyer Alex Spiro emphasized in his opening statement in a Santa Fe, New Mexico, courtroom that Baldwin, who is on trial for involuntary manslaughter, did exactly what actors always do on the set of the film “Rust,” where Hutchins was killed in October 2021.
“I don’t have to tell you any more about this, because you’ve all seen gunfights in movies,” Spiro said.
Special prosecutor Erlinda Ocampo Johnson said in her opening statement that before the shooting, Baldwin skipped safety checks and recklessly handled a revolver.
“The evidence will show that someone who played make believe with a real gun and violated the cardinal rules of firearm safety is the defendant, Alexander Baldwin,” Ocampo Johnson said.
Spiro replied that “these cardinal rules, they’re not cardinal rules on a movie set.”
“On a movie set, safety has to occur before a gun is placed in an actor’s hand,” Spiro told the jury.
The first witness to take the stand was the first law enforcement officer to arrive at Bonanza Creek Ranch after the shooting. Video shown in the courtroom from the body camera of Nicholas LeFleur, then a Santa Fe county sheriff’s deputy, captured the frantic efforts to save Hutchins, who looked unconscious as several people attended to her and gave her an oxygen mask. In the courtroom, Baldwin looked at the screen somberly as it played.
Later in the video, LeFleur can be seen telling Baldwin not to speak to the other potential witnesses, but Baldwin repeatedly does.
When special prosecutor Kari Morrissey asked whether the sheriff’s deputy handled the situation ideally he responded, “Probably not. But it’s what happened.”
Spiro tried to establish that neither LeFleur nor the trial’s second witness, former sheriff’s Lt. Tim Benavidez, treated the scene as a place where a major crime had occurred. Benavidez, who collected the revolver after the shooting, acknowledged that he was careful with it as much for safety reasons as anything else, but did not wear gloves or take meticulous forensic precautions as he might be done for a homicide investigation.
Ocampo Johnson in her opening walked the jurors through the events leading up to Hutchins death. She said on that day, Baldwin declined multiple opportunities for standard safety checks with armourer Hannah Gutierrez-Reed before the rehearsal in the small church about 32 kilometres from the courthouse where Hutchins, “a vibrant 42-year-old rising star,” was killed. She said Baldwin instead “did his own thing.”
“He cocks the hammer, points it straight at Miss Hutchins, and fires that gun, sending that live bullet right into Miss Hutchins body,” said Ocampo Johnson.
During the presentation, Baldwin trained his eyes downward on a notepad, away from the jury. He watched Spiro intently during his opening. His wife Hilaria Baldwin, younger brother Stephen Baldwin and older sister Elizabeth Keuchler — who wiped away tears at times _ were among the family and friends sitting behind him.
The 16 jurors — 11 women and five men — come from a region with strong currents of gun ownership and safety informed by backcountry hunting. Four of the jurors will be deemed alternates while the other 12 deliberate once they get the case.
Hutchins’ death and the wounding of director Joel Souza nearly three years ago sent shock waves through the film industry and led to one felony charge against Baldwin, 66, that could result in up to 18 months in prison.
“It killed an amazing person,” Spiro said. “It wounded another, and it changed lives forever.”
Baldwin has claimed the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that it was loaded with a live round, he said he pulled back the hammer — not the trigger — and it fired.
“No one saw him intentionally pull the trigger,” Spiro said.
But he said even if Baldwin had pulled it, it still would not have been manslaughter.
“On a movie set, you’re allowed to pull that trigger,” Spiro said, adding, “that doesn’t make it a homicide.”
The lawyer emphasized that the responsibility for safety lay with the film’s armourer, Gutierrez-Reed, who has already been convicted of involuntary manslaughter, and assistant director David Halls, who pleaded no contest to negligent use of a deadly weapon in exchange for his testimony.
Baldwin had been told “cold gun” before getting the revolver, not knowing there was a live round in it.
“It had been checked and double checked by those responsible for ensuring the gun was safe,” Spiro said. “He did not tamper with it he did not load it himself. He did not leave it unattended.”
Spiro has in recent years become one of the most sought-after defence attorneys in the country. His clients have included Elon Musk, New England Patriots owner Robert Kraft, and Megan Thee Stallion.
Baldwin — the star of “Beetlejuice,” “Glengarry Glen Ross” and “30 Rock” — has been a household name as an actor and public personality for more than three decades.
Spiro said in concluding his opening that witnesses will attest that “no actor in history” has “intercepted a live bullet from a prop gun.”
“No one could have imagined or expected an actor to do that,” the lawyer said.
Testimony at trial will delve into the mechanics of the weapon and whether it could have fired without a trigger pull. Prosecutors say it couldn’t have.
“That gun the defendant had asked to be assigned worked perfectly fine as it was designed,” Ocampo Johnson said.
Attorney Gloria Allred sat in the front row of the courtroom audience, a reminder of Baldwin’s other legal difficulties. Allred is representing “Rust” script supervisor Mamie Mitchell and Hutchins’ sister and parents in a civil lawsuit against Baldwin and other producers.
Allred said that from her observations in court, the jury appeared to be riveted by testimony and evidence including the police lapel camera video.
— Dalton reported from Los Angeles.
torontosun.com
Author of the article:Associated Press
Associated Press
Morgan Lee And Andrew Dalton
Published Jul 10, 2024 • Last updated 1 day ago • 5 minute read
SANTA FE, N.M. — A defence attorney told jurors Wednesday that the shooting death of cinematographer Halyna Hutchins was an “unspeakable tragedy” but that “ Alec Baldwin committed no crime; he was an actor, acting.”
Baldwin’s lawyer Alex Spiro emphasized in his opening statement in a Santa Fe, New Mexico, courtroom that Baldwin, who is on trial for involuntary manslaughter, did exactly what actors always do on the set of the film “Rust,” where Hutchins was killed in October 2021.
“I don’t have to tell you any more about this, because you’ve all seen gunfights in movies,” Spiro said.
Special prosecutor Erlinda Ocampo Johnson said in her opening statement that before the shooting, Baldwin skipped safety checks and recklessly handled a revolver.
“The evidence will show that someone who played make believe with a real gun and violated the cardinal rules of firearm safety is the defendant, Alexander Baldwin,” Ocampo Johnson said.
Spiro replied that “these cardinal rules, they’re not cardinal rules on a movie set.”
“On a movie set, safety has to occur before a gun is placed in an actor’s hand,” Spiro told the jury.
The first witness to take the stand was the first law enforcement officer to arrive at Bonanza Creek Ranch after the shooting. Video shown in the courtroom from the body camera of Nicholas LeFleur, then a Santa Fe county sheriff’s deputy, captured the frantic efforts to save Hutchins, who looked unconscious as several people attended to her and gave her an oxygen mask. In the courtroom, Baldwin looked at the screen somberly as it played.
Later in the video, LeFleur can be seen telling Baldwin not to speak to the other potential witnesses, but Baldwin repeatedly does.
When special prosecutor Kari Morrissey asked whether the sheriff’s deputy handled the situation ideally he responded, “Probably not. But it’s what happened.”
Spiro tried to establish that neither LeFleur nor the trial’s second witness, former sheriff’s Lt. Tim Benavidez, treated the scene as a place where a major crime had occurred. Benavidez, who collected the revolver after the shooting, acknowledged that he was careful with it as much for safety reasons as anything else, but did not wear gloves or take meticulous forensic precautions as he might be done for a homicide investigation.
Ocampo Johnson in her opening walked the jurors through the events leading up to Hutchins death. She said on that day, Baldwin declined multiple opportunities for standard safety checks with armourer Hannah Gutierrez-Reed before the rehearsal in the small church about 32 kilometres from the courthouse where Hutchins, “a vibrant 42-year-old rising star,” was killed. She said Baldwin instead “did his own thing.”
“He cocks the hammer, points it straight at Miss Hutchins, and fires that gun, sending that live bullet right into Miss Hutchins body,” said Ocampo Johnson.
During the presentation, Baldwin trained his eyes downward on a notepad, away from the jury. He watched Spiro intently during his opening. His wife Hilaria Baldwin, younger brother Stephen Baldwin and older sister Elizabeth Keuchler — who wiped away tears at times _ were among the family and friends sitting behind him.
The 16 jurors — 11 women and five men — come from a region with strong currents of gun ownership and safety informed by backcountry hunting. Four of the jurors will be deemed alternates while the other 12 deliberate once they get the case.
Hutchins’ death and the wounding of director Joel Souza nearly three years ago sent shock waves through the film industry and led to one felony charge against Baldwin, 66, that could result in up to 18 months in prison.
“It killed an amazing person,” Spiro said. “It wounded another, and it changed lives forever.”
Baldwin has claimed the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that it was loaded with a live round, he said he pulled back the hammer — not the trigger — and it fired.
“No one saw him intentionally pull the trigger,” Spiro said.
But he said even if Baldwin had pulled it, it still would not have been manslaughter.
“On a movie set, you’re allowed to pull that trigger,” Spiro said, adding, “that doesn’t make it a homicide.”
The lawyer emphasized that the responsibility for safety lay with the film’s armourer, Gutierrez-Reed, who has already been convicted of involuntary manslaughter, and assistant director David Halls, who pleaded no contest to negligent use of a deadly weapon in exchange for his testimony.
Baldwin had been told “cold gun” before getting the revolver, not knowing there was a live round in it.
“It had been checked and double checked by those responsible for ensuring the gun was safe,” Spiro said. “He did not tamper with it he did not load it himself. He did not leave it unattended.”
Spiro has in recent years become one of the most sought-after defence attorneys in the country. His clients have included Elon Musk, New England Patriots owner Robert Kraft, and Megan Thee Stallion.
Baldwin — the star of “Beetlejuice,” “Glengarry Glen Ross” and “30 Rock” — has been a household name as an actor and public personality for more than three decades.
Spiro said in concluding his opening that witnesses will attest that “no actor in history” has “intercepted a live bullet from a prop gun.”
“No one could have imagined or expected an actor to do that,” the lawyer said.
Testimony at trial will delve into the mechanics of the weapon and whether it could have fired without a trigger pull. Prosecutors say it couldn’t have.
“That gun the defendant had asked to be assigned worked perfectly fine as it was designed,” Ocampo Johnson said.
Attorney Gloria Allred sat in the front row of the courtroom audience, a reminder of Baldwin’s other legal difficulties. Allred is representing “Rust” script supervisor Mamie Mitchell and Hutchins’ sister and parents in a civil lawsuit against Baldwin and other producers.
Allred said that from her observations in court, the jury appeared to be riveted by testimony and evidence including the police lapel camera video.
— Dalton reported from Los Angeles.
Alec Baldwin’s involuntary manslaughter trial starts with witnesses recalling chaotic set shooting
A prosecutor told jurors that Alec Baldwin "violated the cardinal rules of firearm safety" in opening statements
And he's still acting today-bringing all his little children to court trying to cover for the fact that he's a lying asshole/idiot cokehead.
Case dismissed-but he still pulled the trigger
www.bbc.com
Alec Baldwin's Rust manslaughter case dismissed
The actor weeps as the trial collapses with a prosecutor quitting amid a row over a batch of bullets.
www.bbc.com
He'll pay millions in the civil cases.Case dismissed-but he still pulled the trigger
Alec Baldwin's Rust manslaughter case dismissed
The actor weeps as the trial collapses with a prosecutor quitting amid a row over a batch of bullets.
Read post 327. He never pulled the trigger. Facts do matter to the rest of us.Case dismissed-but he still pulled the trigger
Alec Baldwin's Rust manslaughter case dismissed
The actor weeps as the trial collapses with a prosecutor quitting amid a row over a batch of bullets.
Unlike you I've actually used firearms so don't post the most idiotic garbage extant.
Then you know nobody ever pulls a trigger. Guns just go off by themselves. Happens all the time.
'Rust' armourer seeks dismissal of her conviction or new trial in fatal shooting
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Jul 17, 2024 • 2 minute read
The movie weapons armorer is appealing her conviction for involuntary manslaughter in the fatal shooting of a cinematographer by Alec Baldwin on the set.
SANTA FE, N.M. (AP) — A movie armourer has asked a judge to dismiss her involuntary manslaughter conviction or convene a new trial in the shooting death of a cinematographer by actor Alec Baldwin, alleging suppression of evidence and misconduct by the prosecution.
In a court filing Tuesday, defence counsel for armourer Hannah Gutierrez-Reed argued her case should be reconsidered because prosecutors failed to share evidence that might have been exculpatory.
Judge Mary Marlowe Sommer last week brought Baldwin’s trial to a sudden and stunning end based on the misconduct of police and prosecutors over the withholding of evidence from the defence in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”
“This court stated on July 12 that the integrity of the judicial system demanded that the court dismiss Mr. Baldwin’s case with prejudice,” said defence attorney Jason Bowles in the new court filing. “How can it be any different with Ms. Gutierrez-Reed’s case, with this proven litany of serious discovery abuses?”
Kari Morrissey — lead prosecutor in both the Baldwin and Gutierrez-Reed cases — said her written response would be filed in court next week, declining further comment.
The case-ending evidence at Baldwin’s trial was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers alleged they “buried” it and filed a motion to dismiss the case.
Gutierrez-Reed was convicted by a jury in March in a trial overseen by Judge Marlowe Sommer, who later assigned the maximum 18-month penalty. Gutierrez-Reed already has an appeal pending in a higher court on the involuntary manslaughter conviction.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of “Rust,” where it was expressly prohibited, and for failing to follow basic gun safety protocols.
She was acquitted at trial of allegations she tampered with evidence in the “Rust” investigation. She also has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited.
Baldwin, the lead actor and co-producer for “Rust,” was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa Fe in October 2021 when the revolver went off, killing Hutchins and wounding director Joel Souza.
torontosun.com
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Jul 17, 2024 • 2 minute read
The movie weapons armorer is appealing her conviction for involuntary manslaughter in the fatal shooting of a cinematographer by Alec Baldwin on the set.
SANTA FE, N.M. (AP) — A movie armourer has asked a judge to dismiss her involuntary manslaughter conviction or convene a new trial in the shooting death of a cinematographer by actor Alec Baldwin, alleging suppression of evidence and misconduct by the prosecution.
In a court filing Tuesday, defence counsel for armourer Hannah Gutierrez-Reed argued her case should be reconsidered because prosecutors failed to share evidence that might have been exculpatory.
Judge Mary Marlowe Sommer last week brought Baldwin’s trial to a sudden and stunning end based on the misconduct of police and prosecutors over the withholding of evidence from the defence in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”
“This court stated on July 12 that the integrity of the judicial system demanded that the court dismiss Mr. Baldwin’s case with prejudice,” said defence attorney Jason Bowles in the new court filing. “How can it be any different with Ms. Gutierrez-Reed’s case, with this proven litany of serious discovery abuses?”
Kari Morrissey — lead prosecutor in both the Baldwin and Gutierrez-Reed cases — said her written response would be filed in court next week, declining further comment.
The case-ending evidence at Baldwin’s trial was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers alleged they “buried” it and filed a motion to dismiss the case.
Gutierrez-Reed was convicted by a jury in March in a trial overseen by Judge Marlowe Sommer, who later assigned the maximum 18-month penalty. Gutierrez-Reed already has an appeal pending in a higher court on the involuntary manslaughter conviction.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of “Rust,” where it was expressly prohibited, and for failing to follow basic gun safety protocols.
She was acquitted at trial of allegations she tampered with evidence in the “Rust” investigation. She also has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited.
Baldwin, the lead actor and co-producer for “Rust,” was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa Fe in October 2021 when the revolver went off, killing Hutchins and wounding director Joel Souza.
'Rust' armourer seeks dismissal of her conviction or new trial in fatal shooting
Gutierrez-Reed was convicted by a jury in March in a trial overseen by Judge Marlowe Sommer.
They're still after the murdering swine
A prosecutor who led the case against Alec Baldwin has asked a New Mexico judge to reconsider the decision to dismiss the involuntary manslaughter charge against the actor in the fatal shooting of a cinematographer on the set of the western movie Rust.
The case against Baldwin was dismissed in dramatic fashion in July when, halfway through the trial, a judge found the prosecution and law enforcement had intentionally withheld evidence in the case that could have been favorable to the actor.
Judge Mary Marlowe Sommer dismissed the charge against Baldwin with prejudice, meaning it can’t be revived once appeals of the decision are exhausted. She ruled that the state withheld information in a manner that was “intentional and deliberate”. During the dramatic proceedings in July, Kari Morrissey, the special prosecutor who led the state’s case against Baldwin, was accused of direct involvement in the decision to withhold evidence.
‘A botched prosecution’: Alec Baldwin’s trial gets shock ending fit for Hollywood
Read more
In a court filing made public on Wednesday, Morrissey said there were “insufficient facts” to support the judge’s ruling. Morrissey argued that the evidence in question was not relevant to Baldwin’s defense.
“No one on the prosecution team ever intentionally kept evidence from the defendant, it simply didn’t occur to the prosecution that the rounds were relevant to the case,” Morrissey wrote in the filing.
Baldwin, the lead actor and co-producer on the film Rust, was pointing a gun at cinematographer Halyna Hutchins during a rehearsal in 2021 when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer – but not the trigger – and the revolver fired.
The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a motion to dismiss the case.
Legal analysts said the state’s conduct in the case amounted to a “constitutional violation”.
‘It ruined me’: Rust director speaks for first time about fatal on-set shooting
Hannah Gutierrez-Reed, the film’s armorer, is serving an 18-month sentence on a conviction for involuntary manslaughter. She was accused of flouting standard safety protocols and missing multiple opportunities to detect forbidden live ammunition on set. David Halls, the film’s assistant director and safety coordinator, pleaded no contest to negligent use of a deadly weapon.
It has never been officially determined who brought the live rounds that killed Hutchins to the set, though prosecutors allege that Gutierrez-Reed was responsible.
Prosecutor asks judge to reinstate Alec Baldwin’s film set shooting charge
After judge found evidence was intentionally withheld in July, involuntary manslaughter charges were dismissedA prosecutor who led the case against Alec Baldwin has asked a New Mexico judge to reconsider the decision to dismiss the involuntary manslaughter charge against the actor in the fatal shooting of a cinematographer on the set of the western movie Rust.
The case against Baldwin was dismissed in dramatic fashion in July when, halfway through the trial, a judge found the prosecution and law enforcement had intentionally withheld evidence in the case that could have been favorable to the actor.
Judge Mary Marlowe Sommer dismissed the charge against Baldwin with prejudice, meaning it can’t be revived once appeals of the decision are exhausted. She ruled that the state withheld information in a manner that was “intentional and deliberate”. During the dramatic proceedings in July, Kari Morrissey, the special prosecutor who led the state’s case against Baldwin, was accused of direct involvement in the decision to withhold evidence.
‘A botched prosecution’: Alec Baldwin’s trial gets shock ending fit for Hollywood
Read more
In a court filing made public on Wednesday, Morrissey said there were “insufficient facts” to support the judge’s ruling. Morrissey argued that the evidence in question was not relevant to Baldwin’s defense.
“No one on the prosecution team ever intentionally kept evidence from the defendant, it simply didn’t occur to the prosecution that the rounds were relevant to the case,” Morrissey wrote in the filing.
Baldwin, the lead actor and co-producer on the film Rust, was pointing a gun at cinematographer Halyna Hutchins during a rehearsal in 2021 when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer – but not the trigger – and the revolver fired.
The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a motion to dismiss the case.
Legal analysts said the state’s conduct in the case amounted to a “constitutional violation”.
‘It ruined me’: Rust director speaks for first time about fatal on-set shooting
Hannah Gutierrez-Reed, the film’s armorer, is serving an 18-month sentence on a conviction for involuntary manslaughter. She was accused of flouting standard safety protocols and missing multiple opportunities to detect forbidden live ammunition on set. David Halls, the film’s assistant director and safety coordinator, pleaded no contest to negligent use of a deadly weapon.
It has never been officially determined who brought the live rounds that killed Hutchins to the set, though prosecutors allege that Gutierrez-Reed was responsible.
Alec Baldwin urges judge to stand by dismissal of involuntary manslaughter case in ’Rust’ shooting
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Sep 20, 2024 • 2 minute read
SANTA FE, N.M. (AP) — Alec Baldwin urged a New Mexico judge on Friday to stand by her decision to skuttle his trial and dismiss an involuntary manslaughter charge against the actor in the fatal shooting of a cinematographer on the set of a Western movie.
State District Court Judge Mary Marlowe Sommer dismissed the case against Baldwin halfway through a trial in July based on the withholding of evidence by police and prosecutors from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”
The charge against Baldwin was dismissed with prejudice, meaning it can’t be revived once any appeals of the decision are exhausted.
Special prosecutor Kari Morrissey recently asked the judge to reconsider, arguing that there were insufficient facts and that Baldwin’s due process rights had not been violated.
Baldwin, the lead actor and co-producer on “Rust,” was pointing a gun at cinematographer Halyna Hutchins during a rehearsal when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a successful motion to dismiss the case.
In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.
Defense counsel says that prosecutors tried to establish a link between the live ammo on set and Gutierrez-Reed, to drive home the argument that Baldwin should have recognized the armorer’s blundering youth and inexperience.
“Baldwin was intitled to pursue the truth at trial, especially after he requested to see ‘all rounds, casings and deconstructed rounds’ in the state’s possession,” the new court filing by defense attorneys states. “Yet the state deliberately withheld the evidence that Baldwin had requested.”
“Rust” movie armorer Hannah Gutierrez-Reed is serving an 18-month sentence on a conviction for involuntary manslaughter. She was accused of flouting standard safety protocols and missing multiple opportunities to detect forbidden live ammunition on set.
Assistant director and safety coordinator David Halls pleaded no contest to the negligent use of a deadly weapon and was sentenced to six months of unsupervised probation. A no contest plea isn’t an admission of guilt but is treated as such for sentencing purposes.
torontosun.com
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Sep 20, 2024 • 2 minute read
SANTA FE, N.M. (AP) — Alec Baldwin urged a New Mexico judge on Friday to stand by her decision to skuttle his trial and dismiss an involuntary manslaughter charge against the actor in the fatal shooting of a cinematographer on the set of a Western movie.
State District Court Judge Mary Marlowe Sommer dismissed the case against Baldwin halfway through a trial in July based on the withholding of evidence by police and prosecutors from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”
The charge against Baldwin was dismissed with prejudice, meaning it can’t be revived once any appeals of the decision are exhausted.
Special prosecutor Kari Morrissey recently asked the judge to reconsider, arguing that there were insufficient facts and that Baldwin’s due process rights had not been violated.
Baldwin, the lead actor and co-producer on “Rust,” was pointing a gun at cinematographer Halyna Hutchins during a rehearsal when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a successful motion to dismiss the case.
In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.
Defense counsel says that prosecutors tried to establish a link between the live ammo on set and Gutierrez-Reed, to drive home the argument that Baldwin should have recognized the armorer’s blundering youth and inexperience.
“Baldwin was intitled to pursue the truth at trial, especially after he requested to see ‘all rounds, casings and deconstructed rounds’ in the state’s possession,” the new court filing by defense attorneys states. “Yet the state deliberately withheld the evidence that Baldwin had requested.”
“Rust” movie armorer Hannah Gutierrez-Reed is serving an 18-month sentence on a conviction for involuntary manslaughter. She was accused of flouting standard safety protocols and missing multiple opportunities to detect forbidden live ammunition on set.
Assistant director and safety coordinator David Halls pleaded no contest to the negligent use of a deadly weapon and was sentenced to six months of unsupervised probation. A no contest plea isn’t an admission of guilt but is treated as such for sentencing purposes.
Alec Baldwin urges judge to stand by dismissal of involuntary manslaughter case in ’Rust’ shooting
The charge against Baldwin was dismissed with prejudice, meaning it can't be revived once any appeals of the decision are exhausted.
Judge prepares ruling on possible retrial of movie armourer in fatal set shooting by Alec Baldwin
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Sep 26, 2024 • 3 minute read
SANTA FE, N.M. — A judge heard arguments Thursday on whether to dismiss a criminal conviction against a movie armourer in the shooting death of a cinematographer by actor Alec Baldwin and said she’ll rule next week on whether to skuttle the case or order a retrial.
In a remote court hearing, an attorney for Hannah Gutierrez-Reed challenged her March conviction for involuntary manslaughter, alleging that prosecutors failed to share evidence including ammunition that might have been exculpatory in the shooting death that occurred on the set of the Western movie “Rust” in 2021.
Judge Mary Marlowe Sommer is reconsidering the armourer’s felony conviction after throwing out an involuntary manslaughter case against Baldwin midtrial on similar grounds.
“This pattern of (evidence) discovery abuse occurred in Ms. Gutierrez-Reed’s case in the same manner as it did in Mr. Baldwin’s case,” said Jason Bowles, lead defense attorney to Gutierrez-Reed.
Baldwin, the lead actor and co-producer for “Rust,” was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on a movie ranch outside Santa Fe in October 2021 when the revolver went off, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
Marlowe Sommer dismissed the case against Baldwin based on the withholding of evidence by police and prosecutors. The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing.
Prosecutors have said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a successful motion to dismiss the case. In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.
Special prosecutor Kari Morrissey said at Thursday’s hearing that defense counsel for Gutierrez-Reed knew of the ammunition in question prior to the armourer’s trial but declined to enter it into the court record or have it tested to see whether it matched live ammunition on the set of “Rust.”
“Evidence wasn’t deliberately hidden from Mr. Bowles, it was provided to him by his own witness. He could have had it tested at any point in time,” Morrissey said. “I would respectfully ask the court to deny Mr. Bowles his motion” to dismiss the case.
Bowles said he didn’t collect the ammunition himself because of concerns that it would alter the chain of custody and possibly disqualify the evidence from consideration at trail. He also asked the judge to remove Morrissey from the case in the event of a retrial and is seeking the immediate release of Gutierrez-Reed from incarceration.
Gutierrez-Reed started serving an 18-month sentence in March and has appealed the jury’s guilty verdict to a state appeals court. Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set and for failing to follow basic gun safety protocols.
She was acquitted at trial of allegations she tampered with evidence in the “Rust” investigation. Gutierrez-Reed also has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited. A proposed plea agreement is awaiting court review.
Gutierrez-Reed’s attorneys have also said that prosecutors failed to properly disclose portions of pretrial interviews with “Rust” ammunition supplier Seth Kenney — as well as reports by firearms expert Lucien Haag — that might have changed the outcome of the armorer’s trial.
Morrissey challenged assertions that the evidence would have changed the outcome at trial. She said the interview with Kenney took place before her appointment to the case and that she was surprised to learn of the recording.
“My team was unaware of it,” Morrissey said. “It was absolutely a failure. There’s no question about it. I immediately provided it to Mr. Bowles.”
torontosun.com
Author of the article:Associated Press
Associated Press
Morgan Lee
Published Sep 26, 2024 • 3 minute read
SANTA FE, N.M. — A judge heard arguments Thursday on whether to dismiss a criminal conviction against a movie armourer in the shooting death of a cinematographer by actor Alec Baldwin and said she’ll rule next week on whether to skuttle the case or order a retrial.
In a remote court hearing, an attorney for Hannah Gutierrez-Reed challenged her March conviction for involuntary manslaughter, alleging that prosecutors failed to share evidence including ammunition that might have been exculpatory in the shooting death that occurred on the set of the Western movie “Rust” in 2021.
Judge Mary Marlowe Sommer is reconsidering the armourer’s felony conviction after throwing out an involuntary manslaughter case against Baldwin midtrial on similar grounds.
“This pattern of (evidence) discovery abuse occurred in Ms. Gutierrez-Reed’s case in the same manner as it did in Mr. Baldwin’s case,” said Jason Bowles, lead defense attorney to Gutierrez-Reed.
Baldwin, the lead actor and co-producer for “Rust,” was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on a movie ranch outside Santa Fe in October 2021 when the revolver went off, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
Marlowe Sommer dismissed the case against Baldwin based on the withholding of evidence by police and prosecutors. The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing.
Prosecutors have said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a successful motion to dismiss the case. In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.
Special prosecutor Kari Morrissey said at Thursday’s hearing that defense counsel for Gutierrez-Reed knew of the ammunition in question prior to the armourer’s trial but declined to enter it into the court record or have it tested to see whether it matched live ammunition on the set of “Rust.”
“Evidence wasn’t deliberately hidden from Mr. Bowles, it was provided to him by his own witness. He could have had it tested at any point in time,” Morrissey said. “I would respectfully ask the court to deny Mr. Bowles his motion” to dismiss the case.
Bowles said he didn’t collect the ammunition himself because of concerns that it would alter the chain of custody and possibly disqualify the evidence from consideration at trail. He also asked the judge to remove Morrissey from the case in the event of a retrial and is seeking the immediate release of Gutierrez-Reed from incarceration.
Gutierrez-Reed started serving an 18-month sentence in March and has appealed the jury’s guilty verdict to a state appeals court. Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set and for failing to follow basic gun safety protocols.
She was acquitted at trial of allegations she tampered with evidence in the “Rust” investigation. Gutierrez-Reed also has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited. A proposed plea agreement is awaiting court review.
Gutierrez-Reed’s attorneys have also said that prosecutors failed to properly disclose portions of pretrial interviews with “Rust” ammunition supplier Seth Kenney — as well as reports by firearms expert Lucien Haag — that might have changed the outcome of the armorer’s trial.
Morrissey challenged assertions that the evidence would have changed the outcome at trial. She said the interview with Kenney took place before her appointment to the case and that she was surprised to learn of the recording.
“My team was unaware of it,” Morrissey said. “It was absolutely a failure. There’s no question about it. I immediately provided it to Mr. Bowles.”
Judge prepares ruling on possible retrial of movie armourer in fatal set shooting by Alec Baldwin
A judge heard arguments on whether to dismiss a criminal conviction against a movie armorer in the shooting death of a cinematographer