Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #8

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Sorry if its a duplicate, but this is an important ruling. I'm surprised the prosecution chose to pursue the argument, but the law is clear.

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 these things wrong resulting in the death of Halyna Hutchins because as a producer, he allowed this all to happen,' the judge said at the hearing.
 
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IANAL but I believe Alec Baldwin’s role as a producer and his culpability as a result is a civil matter not criminal. I think it’s the right call by the judge to exclude that type of argument. It will confuse the issue. Morrissey wants to go at him with everything she can but he’s already being sued and paying millions for his culpability as a producer. She can get him as an A list actor and his arrogant recklessness. Judge was fair to both sides today. She was stern with everyone. She also said that they have to ask to approach for all objections. Based on the bad behavior (speaking objections) at the 1st half of the last trial my guess is her colleagues have advised Judge Marlowe she needs to lay down the law before this turns into a circus.

Based on what I saw today defense is well-behaved. They are not going to mess with this judge and can’t afford to be arrogant defending a celebrity. Morrissey on the other hand!! She’s a pistol! lol. She’s putting on a fantastic performance. I love watching her. I get giddy when she comes up to the lectern and she never disappoints. Haha! JMO
The civil trial has already taken place and a settlement reached, approved by a judge. That's usually the way these tragic events that take place on movie sets are handled.
 
That is AB's "Get Out of Jail" card. Now, he is just an actor, doing what he was told. May as well drop the trial, I don't see any liability here now for AB.
Interesting. I hope that prosecutors will present any evidence and information relating to the defendant’s possible criminal culpability and responsibility in court with evidence and witnesses under oath.

IMO the defendant while on set was handed a weapon / firearm / gun (irrespective of its condition) that was loaded (regardless of the type of ammunition it contained), and pointed and discharged / fired the weapon resulting in the death of HH. And for those reasons should be held to account for that within the constraints of applicable laws and regulations.

IIUC the defendant is separately dealing with any civil matters and liability related to the incident.

IANAL, gun or weapon, nor munitions expert. MOO
 
They're not streaming jury selection, but it's supposed to finish today.

No, just the trial starting tomorrow I believe.

Wonder if there is legal reason to not record jury selection?

Anyone know? Privacy issues?
 
No, just the trial starting tomorrow I believe.

Wonder if there is legal reason to not record jury selection?

Anyone know? Privacy issues?
Almost certainly. Is a jury ever shown when a trial is televised or streamed? If you are on a jury it's because you are legally compelled to be there so you don't have a choice. Seems reasonable that you should have the right not to be broadcast to that world.

Potential jury intimidation may be another reason they don't do this.
 
SANTA FE, N.M. (AP) — Alec Baldwin’s trial in the shooting of a cinematographer begins Tuesday with the selection of jurors who will decide whether the actor is guilty of involuntary manslaughter.
“I’m not worried about being able to pick a jury in one day,” Marlowe Sommer said. “I think we’re going to pick a jury by the afternoon.”

Special prosecutor Kari Morrissey, however, was dubious that Baldwin’s lawyers, with whom she has clashed in the run-up to the trial, would make that possible.

“It is my guess that with this group of defense attorneys, that’s not gonna happen,” Morrissey said at the hearing.

Baldwin attorney Alex Spiro replied, “I’ve never not picked a jury in one day. I can’t imagine that this would be the first time.”

 

Alec Baldwin's defense

Baldwin will bring with him an elite legal team of mostly New York-based attorneys, many of them Harvard Law graduates, from the firm of Quinn Emanuel Urquhart & Sullivan. Alex Spiro, a 41-year-old defense attorney who has represented Elon Musk, Megan Thee Stallion and other prominent figures and has become among the most sought-after lawyers in the country, will give aggressive cross-examination to the state's witnesses.

The defense will try to show that it is not the job of an actor to make sure real rounds are not in his gun, a position strongly supported by Baldwin's union, the Screen Actors Guild-American Federation of Television and Radio Artists.

The prosecution team

Santa Fe County District Attorney Mary Carmack-Altwies appointed Kari Morrissey as a special prosecutor in the Baldwin case in early 2023 after her predecessor stepped down because of conflicts of interest. Morrissey promptly had the indictment against Baldwin dismissed, but revived it in January of this year by grand jury. Both moves came from further examination of the evidence, she said.

Morrissey graduated from the University of New Mexico and its law school and practiced law in Albuquerque for more than 20 years. New Mexico criminal defense attorney Erlinda Johnson joined Morrissey's team in April

 
A full 12-person jury was selected Tuesday for Alec Baldwin’s trial in New Mexico, where he is charged with involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on the set of the Western film “Rust” in 2021.

He could be sentenced to up to 18 months in prison if the jurors unanimously agree he committed the felony.

 

Alec Baldwin's defense

Baldwin will bring with him an elite legal team of mostly New York-based attorneys, many of them Harvard Law graduates, from the firm of Quinn Emanuel Urquhart & Sullivan. Alex Spiro, a 41-year-old defense attorney who has represented Elon Musk, Megan Thee Stallion and other prominent figures and has become among the most sought-after lawyers in the country, will give aggressive cross-examination to the state's witnesses.

The defense will try to show that it is not the job of an actor to make sure real rounds are not in his gun, a position strongly supported by Baldwin's union, the Screen Actors Guild-American Federation of Television and Radio Artists.

The prosecution team

Santa Fe County District Attorney Mary Carmack-Altwies appointed Kari Morrissey as a special prosecutor in the Baldwin case in early 2023 after her predecessor stepped down because of conflicts of interest. Morrissey promptly had the indictment against Baldwin dismissed, but revived it in January of this year by grand jury. Both moves came from further examination of the evidence, she said.

Morrissey graduated from the University of New Mexico and its law school and practiced law in Albuquerque for more than 20 years. New Mexico criminal defense attorney Erlinda Johnson joined Morrissey's team in April


From article:

What charge does Alec Baldwin face?​

The actor entered a New Mexico courtroom for the first time since the Oct. 21, 2021, shooting. He is charged with felony involuntary manslaughter. If a jury unanimously convicts him, he could get 18 months in prison.
...

What jurors must decide​

Prosecutors have two alternative standards for proving the charge. One is based on the negligent use of a firearm. The other is proving beyond a reasonable doubt that Baldwin acted with total disregard or indifference for the safety of others.

Despite the legal and technical complexities of the case, the 12 citizens of Santa Fe County that will make up the jury will have to reach just one verdict — guilty or not guilty — on a single count.
 
From article:

What charge does Alec Baldwin face?​

The actor entered a New Mexico courtroom for the first time since the Oct. 21, 2021, shooting. He is charged with felony involuntary manslaughter. If a jury unanimously convicts him, he could get 18 months in prison.
...

What jurors must decide​

Prosecutors have two alternative standards for proving the charge. One is based on the negligent use of a firearm. The other is proving beyond a reasonable doubt that Baldwin acted with total disregard or indifference for the safety of others.

Despite the legal and technical complexities of the case, the 12 citizens of Santa Fe County that will make up the jury will have to reach just one verdict — guilty or not guilty — on a single count.
As far as I can see from the facts we already know, those charges perfectly accord with what he did.

The simple fact is that he did not check the gun at all nor did he have a competent person (the armourer) demonstrate to him that it was safe to do what he was going to with it. That is definitely negligent.

The way I understand it, the negligent part of it has to stem from an unlawful act and the second part, which is defined as "without due caution or circumspection", must flow from a lawful act.

I'm not sure that they can show that what he was doing was actually unlawful but perhaps they can.

However, I think it's certainly the case that they can show the second part because there seems to be plenty of evidence that he behaved with no degree of caution or circumspection (which means to consider what your actions might lead to) whatsoever to what his actions may result in. He did not know - or have a reasonable belief due to checking it or having someone else check it - that that pistol was safe to be doing what he was doing with it.

Any reasonable person knows that ...if I point this firearm at someone and it discharges there is a high likelihood of death resulting..., yet he made absolutely zero effort to caution himself or to reflect on that before he did what he did with it. That, imo, perfectly makes out the charge of involuntary manslaughter according to the NM statute. I don't really see how he is going to argue against that, tbh.
 
As far as I can see from the facts we already know, those charges perfectly accord with what he did.

The simple fact is that he did not check the gun at all nor did he have a competent person (the armourer) demonstrate to him that it was safe to do what he was going to with it. That is definitely negligent.

The way I understand it, the negligent part of it has to stem from an unlawful act and the second part, which is defined as "without due caution or circumspection", must flow from a lawful act.

I'm not sure that they can show that what he was doing was actually unlawful but perhaps they can.

However, I think it's certainly the case that they can show the second part because there seems to be plenty of evidence that he behaved with no degree of caution or circumspection (which means to consider what your actions might lead to) whatsoever to what his actions may result in. He did not know - or have a reasonable belief due to checking it or having someone else check it - that that pistol was safe to be doing what he was doing with it.

Any reasonable person knows that ...if I point this firearm at someone and it discharges there is a high likelihood of death resulting..., yet he made absolutely zero effort to caution himself or to reflect on that before he did what he did with it. That, imo, perfectly makes out the charge of involuntary manslaughter according to the NM statute. I don't really see how he is going to argue against that, tbh.

"beyond a reasonable doubt that Baldwin acted with total disregard or indifference for the safety of others"

It will be difficult for the jury to find him guilty on this charge. The prosecution will have to prove that Baldwin deliberately handled the gun in a way that he knew would kill / wound the victims. He had just been told the gun was "cold" or empty. He was following the instructions of the AD and cinematographer to hold the gun in a certain way, move it, etc. to view the shot.
 

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