Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #6

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  • #381
Wow! Huge win for the defense. Baldwin and Gutierrez-Reed are surely breathing easier.
Is it right to call it a "win", though? They haven't dropped any charges. It's just that he's subject to a lower, or no, mandatory period of imprisonment. It's a technicality, really.

To be honest, this smacks of rank incompetence. How on earth does a DA not know the state of the laws in force at the time of a very serious incident?
 
  • #382
What are they thinking?, including the husband of the deceased lady- how can he go back to filming when his wife died during that first filming? The rationale eludes me, it really does. You would think they would all want to put this horror behind them, as much as is humanly possible to do so.
.

The rationale has been given (by Hutchins) that the family wishes to see Halyna's talent memorialized by the completion of her final movie. And I get that.


Hutchins seems to imply that this is part of moving on, but there are financial reasons as welL


IMO.
 
  • #383
The rationale has been given (by Hutchins) that the family wishes to see Halyna's talent memorialized by the completion of her final movie. And I get that.


Hutchins seems to imply that this is part of moving on, but there are financial reasons as welL


IMO.

I'm thinking financial considerations rules in this case!!!!
 
  • #384
As discussed in this ^ post, the DA clearly made a mistake, because the actual text of the law in effect at the time of the shooting (passed in 2020, effective 2021) specified "brandished" a firearm -- AND it had replaced prior law that said "used." While that may not have been the intent of the change passed in 2020, it was the law on the books in 2021, until they went back with new wording (that went into effect in 2022) saying both "brandished" and "used." I think the lawmakers made a mistake, and the DA followed what was the intent of the law (but not it's actual wording).

In the Feb 10 motion, the defense said (accurately): "The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident."

The defense caught the mistake, and now the DA has backed down, as they must.

However, it's interesting how the DA has tried to spin this development. Rather saying saying, "Oops, we made a mistake in which statute we have used, so we are taking the 5 year enhancement off the table and our apologies," they have tried to spin this a different way in which they cast aspersions at the defense for making the DA stick to the law (which to me, is classless). Their statement:

"In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the District Attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the 'Rust' film set. The prosecution's priority is securing justice, not securing billable hours for big-city attorneys."

Litigious distractions? That's BS - the DA had illegally charged AB for a crime that did not exist, and defense forced them to stop. Hardly a distraction, if you are the one who the govt is trying to imprison illegally.

The DA continued taking pot-shots, even though this was their own doing. Further BS, trying to label this an "attempt to distract" rather than the defense cleaning up the DA's blunder, followed by ad hominem attacks and self-serving pomposity.

""Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the 'Rust' film set that led to Halyna Hutchins' death. In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions -- even those given to the media before being served to the DA. However, the DA's and the special prosecutor's focus will always remain on ensuring that justice is served and that everyone -- even celebrities with fancy attorneys -- is held accountable under the law."

Very disappointing behavior by the DA imo.


Thank you for this - this is the first account of the legal issues that made real sense to me. What a mess that the legislator removed "use" from the statute for a brief period - Alec got really lucky there.

I think it was completely unintended (and as you say, has since been fixed). I too am disappointed in the DA (several reasons) but am still glad that AB is facing the music and not just HGR.

IMO.
 
  • #385
I'm thinking financial considerations rules in this case!!!!

It sure sounds like it, from the Hollywood Reporter article. Somehow, I'm not totally surprised, but the optics on the whole thing are wonky. Now we have MH appearing on the witness list for the prosecution, as well. I wonder what that's about. DA can get access to Halyna's phone and messages without MH, I would think - I wonder how his testimony is relevant.

I bet we hear that there's a new Special Prosecutor next (or that the DA takes the case back herself). IMO, there are lots of political undercurrents around this case, in Santa Fe and in NM in general.

IMO.
 
  • #386
  • #387
Is it right to call it a "win", though? They haven't dropped any charges. It's just that he's subject to a lower, or no, mandatory period of imprisonment. It's a technicality, really.

To be honest, this smacks of rank incompetence. How on earth does a DA not know the state of the laws in force at the time of a very serious incident?

I'm getting the impression they "play fast and loose" there, not an unusual situation. Maybe they're used to filing (or not filing) charges as they wish with none of the public asking questions.
 
  • #388
As discussed in this ^ post, the DA clearly made a mistake, because the actual text of the law in effect at the time of the shooting (passed in 2020, effective 2021) specified "brandished" a firearm -- AND it had replaced prior law that said "used." While that may not have been the intent of the change passed in 2020, it was the law on the books in 2021, until they went back with new wording (that went into effect in 2022) saying both "brandished" and "used." I think the lawmakers made a mistake, and the DA followed what was the intent of the law (but not it's actual wording).

In the Feb 10 motion, the defense said (accurately): "The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident."

The defense caught the mistake, and now the DA has backed down, as they must.

However, it's interesting how the DA has tried to spin this development. Rather saying saying, "Oops, we made a mistake in which statute we have used, so we are taking the 5 year enhancement off the table and our apologies," they have tried to spin this a different way in which they cast aspersions at the defense for making the DA stick to the law (which to me, is classless). Their statement:

"In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the District Attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the 'Rust' film set. The prosecution's priority is securing justice, not securing billable hours for big-city attorneys."

Litigious distractions? That's BS - the DA had illegally charged AB for a crime that did not exist, and defense forced them to stop. Hardly a distraction, if you are the one who the govt is trying to imprison illegally.

The DA continued taking pot-shots, even though this was their own doing. Further BS, trying to label this an "attempt to distract" rather than the defense cleaning up the DA's blunder, followed by ad hominem attacks and self-serving pomposity.

""Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the 'Rust' film set that led to Halyna Hutchins' death. In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions -- even those given to the media before being served to the DA. However, the DA's and the special prosecutor's focus will always remain on ensuring that justice is served and that everyone -- even celebrities with fancy attorneys -- is held accountable under the law."

Very disappointing behavior by the DA imo.

Unreal. Well, it just makes the DA look even worse, .. for not only charging him under a law that came into effect after the fact, and for not only charging him under a law that at the time, did state 'brandishing', which made the law inapplicable in this case, according to their own descriptions of what took place.. but now for also being a sore loser for having to remove the 'enhanced' charge and 'blaming' it on antics and further irresponsibility. She is a piece of work and this all looks good on her. She is making herself look even more incompetent now. imo.
 
  • #389
dbm
 
  • #390
Timing on Serving Motions? A Schoolmarm Speaks?

DA drops gun enhancement charge against Alec Baldwin in 'Rust' shooting @sds71. Thx for the link to abc. [ETA. Fixed my broken link.]

Quotes from Dist. Atty's ofc:
"... will review all motions -- even those given to the media before being served to the DA."
^ Just AB's celebrity atty's being celebrity atty's? ^ Yes, imo.

" .... ensuring that justice is served and that everyone -- even celebrities with fancy attorneys -- is held accountable under the law."
^ "fancy attorneys" ^

Howdy ma'am [Tips hat]. Are you channeling phrases from a "Rust" era schoolmarm, the way the rest of us in the Wild West speak?
wink.
 
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  • #391
Wow! Huge win for the defense. Baldwin and Gutierrez-Reed are surely breathing easier.
Seems to take a fancy lawyer to understand the English in their own laws over there, to establish what was rightful in the first place. Imagine if it was just a regular joe-blow who didn't have funds sitting around to hire "fancy" lawyers to figure it out for them? I hope they are somehow awarded costs for at least that portion of this lawsuit? I don't see it as a huge win, as it had no choice BUT to be removed. imo.
 
  • #392
Timing on Serving Motions? A Schoolmarm Speaks?

DA drops gun enhancement charge against Alec Baldwin in 'Rust' shooting @sds71. Thx for the link to abc. [ETA. Fixed my broken link.]

Quotes from Dist. Atty's ofc:
"... will review all motions -- even those given to the media before being served to the DA."
^ Just AB's celebrity atty's being celebrity atty's? ^ Yes, imo.

" .... ensuring that justice is served and that everyone -- even celebrities with fancy attorneys -- is held accountable under the law."
^ "fancy attorneys" ^

Howdy ma'am [Tips hat]. Are you channeling phrases from a "Rust" era schoolmarm, the way the rest of us in the Wild West speak?
wink.
Is it not required of her to review all motions? But hey, how very charitable of her.

"In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions -- even those given to the media before being served to the DA."
 
  • #393
Warning: Short Response Below. [wink]
Is it not required of her to review all motions? But hey, how very charitable of her.
"In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions -- even those given to the media before being served to the DA."
@deugirtni
In a word, yes.
 
  • #394
dbm
another duplicate post
sorry
 
  • #395
Is it not required of her to review all motions? But hey, how very charitable of her.

"In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions -- even those given to the media before being served to the DA."

So is the implication that the motion was not served on the DA first? But instead given to the media?
 
  • #396
  • #397
So is the implication that the motion was not served on the DA first? But instead given to the media?
Maybe, or maybe at same time, kind of like how the DA was all over media for months threatening of impending lawsuits, and then announcing before they were issued? Which is why, perhaps, AB's legals chose (if they even did) to give the info to the media as well? imo.
 
  • #398
Timing on Serving Motions? A Schoolmarm Speaks?

DA drops gun enhancement charge against Alec Baldwin in 'Rust' shooting @sds71. Thx for the link to abc. [ETA. Fixed my broken link.]

Quotes from Dist. Atty's ofc:
"... will review all motions -- even those given to the media before being served to the DA."
^ Just AB's celebrity atty's being celebrity atty's? ^ Yes, imo.

" .... ensuring that justice is served and that everyone -- even celebrities with fancy attorneys -- is held accountable under the law."
^ "fancy attorneys" ^

Howdy ma'am [Tips hat]. Are you channeling phrases from a "Rust" era schoolmarm, the way the rest of us in the Wild West speak?
wink.
And not to keep going on about this, but... thank god for 'fancy attorneys' who hold the powers-that-be accountable for administering their own laws fairly with equitable treatment of ALL in ensuring justice is served, EVEN including celebrities. imo.
 
  • #399
Is it not required of her to review all motions? But hey, how very charitable of her.

"In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions -- even those given to the media before being served to the DA."
I am really perplexed by that comment. And I am pretty disappointed from a professionalism point on the prosecutor's comments. She looks like a clown right now and is trying to blame it on AB's attorneys. She needs to just be quiet and build her case.
 
  • #400
The rationale has been given (by Hutchins) that the family wishes to see Halyna's talent memorialized by the completion of her final movie. And I get that.


Hutchins seems to imply that this is part of moving on, but there are financial reasons as welL


IMO.
When it was first announced the film would continue and he would be a producer, I was a bit surprised. But the more I think about it, the more it makes sense to me. Halyna loved her job and this was her last project. I don't think it is too crazy to think the family wants to see it as a memorial to her life. And I am sure there are real financial reasons for doing it as well. I don't think its wrong for everyone to take that into account.
 
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