Alec Baldwin fired prop gun, killing 1 on movie set, Oct 2021 #4

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mickey2942 said:
I don't know where the exact article is, but apparently anything that AB sent to his wife is covered under some sort of "privilege" communication between spouses. It was in the search warrant.
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Did they rule on that? I thought that was the request his attorneys were making but I didn't know that LE agreed to the request.
 
Marital Privilege

I thought the marital privilege was only about testifying against one other in court, but here Cornell Law School explains that communications between spouses are privileged as well.

This includes civil as well as criminal cases, and was a Supreme Court federal decision, so apparently it doesn't matter if it's NY or NM.
 
Spousal Privilege?
mickey2942 said:
The problem is that the police can't view anything between spouses...
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@mickey2942 I'm not so sure about that. Refreshing my memory about this topic, generally, that is, not specific to NM law, as there have been changes in last couple yrs. More on NM in a later post (tomorrow, unless someone else weighs in). Spousal privilege includes two types of privileges:

"The spousal communications privilege applies in civil and criminal cases. It shields communications made in confidence during a valid marriage. The purpose of the privilege is to provide assurance that all private statements between spouses will be free from public exposure. In order to invoke a spousal communications privilege, the party must establish that (a) at the time of the communication, the spouses were in a valid marriage; (b) the communications were intended to convey information between spouses, and neither spouse has disclosed the communication to a third party; and (c) the communications were intended to be confidential...." *

"The spousal testimonial privilege precludes one spouse from testifying against the other spouse in criminal or related proceedings. Either spouse can invoke the privilege to prevent the testimony...." * bbm sbm

^ Generally in some, not all, states.^

Invoking spousal privilege often involves the defendant in crim case (or a party in civil case) making a claim of privilege (either type) to a judge for a ruling that the privilege applies, so that a particular husband-wife communication can not be offered in court or that the spouse cannot be permitted to testify.

AB is not --- as of yet --- a defendant in a crim case, altho he's been named as a defendant in multiple Rust-related cases.

_________________________________
*Spousal privilege.
Seealso: Spousal privilege - Wikipedia.
 
mickey2942 said:
I don't know where the exact article is, but apparently anything that AB sent to his wife is covered under some sort of "privilege" communication between spouses. It was in the search warrant.
Click to expand...
@mickey2942 Thanks for your post. Glad you mentioned it as I do not recall seeing it or MSM summary.

A link to this Search Warrant, pls. @mickey2942 ? :)Anyone? TiA.
 
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Affidavit, Search Wt. Spousal Priv? Limited Review of Cell?
mickey2942 said:
The problem is that the police can't view anything between spouses...
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@mickey2942 After reading affidavit for the search warrant itself,* I see where some confusion or misunderstanding may have entered the picture. Iirc, AB or atty made noise in the media about spousal privilege, but I don't recall reading about any motions being filed in court.

The affidavit* requests virtually all info/data from AB's cell, relating to Rust production & ppl working on it. Also at page 3, para 11: "Pursuant to the ECPA, no information will be collected that is unrelated to the objective of this investigation." bbm
NM judge approved search warrant w no reference to husband-wife communications or spousal privilege iirc.
To see if cell info relates to LE's investigation of HH's death, imo LE must review cell info. But to comply w ECPA** and w explicit terms of the warrant (which incorporates ECPA by reference), LE will not collect/retain unrelated info.

Info related?
Say hypothetically, AB texted wife - Too bad our Rust budget does not allow for an experienced armorer. Or, was way too busy this a.m. for weapons training. Or, OMG, I was showing off w the gun & pulled the trigger.
That info (in ^ hypo communications) from cell is related to the investigation, so LE may collect/retain.

Info unrelated ?
Say, hypothetically AB & wife had sexted pix or texted about sex. Or say, their texts discussed their children's grades or music lessons; where they would spend winter holidays. That info (in ^ hypo communications) is unrelated to the investigation, so LE would not collect/retain.

LE reviews all info retrieved from cell phone, including those hypo examples of husband-wife communications imo but does not make determinations about spousal privilege. Later the trial judge determines whether spousal privilege attaches and whether the info can be admitted into evidence imo.
my2ct.
______________________________
* Search Warrant-Alec Baldwin Cell Phone | PDF
** ECPA, the Electronic Communications Privacy Act which "protects wire, oral, and electronic communications ... by.... email, telephone conversations, and data stored electronically." sbm
Electronic Communications Privacy Act of 1986 (ECPA) | Bureau of Justice Assistance.
 
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katydid23 said:
https://twitter.com/emilymiller/status/1481731792151498758?ref_src=twsrc^tfw|twcamp^tweetembed|twterm^1481731792151498758|twgr^|twcon^s1_&ref_url=https://www.westernjournal.com/cryptic-photo-hilaria-baldwin-posts-bizarre-photo-alec-baldwin-holding-drawing/

New shenanigans from Alec Baldwin. He really needs to stop commenting, in any way, about this tragic death.
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It's "photo shopped". Look around the edge of his face. Very poor taste by the person who created and shared this. Cruel to the family of the victim.

ETA: I guess it's the pandemic that causes people to have too much time on their hands, so they sit around making up dumb stuff like this.
 
Twitter image of AB. P-Shopped?
Betty P said:
It's "photo shopped". Look around the edge of his face. Very poor taste by the person who created and shared this. Cruel to the family of the victim.
ETA: I guess it's the pandemic that causes people to have too much time on their hands, so they sit around making up dumb stuff like this.
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@Betty P Thanks for pointing this out. Looking more closely, also seems like dude in Twitter image has much smaller/thinner build than AB.
And yes, very poor judgment by whoever posted it.

Image in:
https://twitter.com/emilymiller/status/1481731792151498758?ref_src=twsrc^tfw|twcamp^tweetembed|twterm^1481731792151498758|twgr^|twcon^s1_&ref_url=https://www.westernjournal.com/cryptic-photo-hilaria-baldwin-posts-bizarre-photo-alec-baldwin-holding-drawing/
 
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Spousal Privilege. Search Warrant.
Gardenista said:
Alec Baldwin Turns Over His Phone in ‘Rust’ Investigation, Lawyer Says
According to the terms of the search agreement, officials in Suffolk County will review the phone’s communications — including texts, emails, call records, voice mail messages, digital images and internet browser history — between June 1 and Dec. 5 last year, and will exclude any communications with his lawyers or his wife, Hilaria, which are protected by privilege.
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@Gardenista Thanks for this post w link to Jan 14 NYT story, which I'd like to read, but can't (paywall).

In posting last night/early this a.m. about how gen'ly LE would/will review info from cell phone, I missed this altogether. My apologies.

Seems re this specific warrant, and the "agreement" regarding it (the one I had not read about in paywalled story), Suffolk Co. officials were not tasked with distinguishing info which would possibly be subject to spousal priv.
Communications btwn AB & wife from cell = a black hole to NM LE, at least for now.

If, after further investigation reveals more, seems NM LE could submit affidavit for another search warrant re the AB-wife communications on cell. If granted, they could hit pay dirt.
My SWAG is that the cell has AB-wife communications outside the scope of spousal privilege {{{ETA and would usu'ly be provided to LE.}}}

Again gen'ly speaking, have not caught up w NM law specifically. Later.

____________________________
* If I have it straight ---
Seems Suffolk Co. NY officials will/would
--- pre-screen the cell info, to ferret out AB's communications with his lawyers or his wife and not provide that to NM LE, and
--- provide all other cell info to NM LE.
Anyone?
 
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Betty P said:
It's "photo shopped". Look around the edge of his face. Very poor taste by the person who created and shared this. Cruel to the family of the victim.

ETA: I guess it's the pandemic that causes people to have too much time on their hands, so they sit around making up dumb stuff like this.
Click to expand...

I think if you look again, you'll find that what you are seeing around the "edge of his face" are the loops from his mask.
 
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