Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #7

[Weki]

My theory is that the state embarrassed themselves when they filed improperly the first time (the unlawful gun enhancement) and the recusal of the prosecutor/legislator in this case. That was a bad look for the state of NM and AB used it to his advantage to make the state’s prosecution look like a political witch hunt. The fact that they offered a plea deal after that first fumble is embarrassment on top of embarrassment for the state. Defense is absolutely trying this case in the media - publicizing plea negotiations is unheard of!! I think the state has the right to rehab their own public perception based on their previous errors and to rebut defense’s efforts to control the narrative.

The state has a good case if they don’t eff it up! Defense hammering them publicly is not a good strategy imo. They should’ve taken the plea but didn’t because this is about ego for AB and now he’s going to trial with a PO’d prosecutor. JMO

 

[Betty P]

My theory is that the state embarrassed themselves when they filed improperly the first time (the unlawful gun enhancement) and the recusal of the prosecutor/legislator in this case. That was a bad look for the state of NM and AB used it to his advantage to make the state’s prosecution look like a political witch hunt. The fact that they offered a plea deal after that first fumble is embarrassment on top of embarrassment for the state. Defense is absolutely trying this case in the media - publicizing plea negotiations is unheard of!! I think the state has the right to rehab their own public perception based on their previous errors and to rebut defense’s efforts to control the narrative.

The state has a good case if they don’t eff it up! Defense hammering them publicly is not a good strategy imo. They should’ve taken the plea but didn’t because this is about ego for AB and now he’s going to trial with a PO’d prosecutor. JMO

Yes, the state has the right to rehab their public reputation. They need to do that in court, though. JMO, they're going to have a difficult time explaining their unusual claims about the GJ refusing to review exculpatory evidence. Those 8 defense attorneys are going to make them work. They will come very prepared, just as they did the last time.

State: Alec Baldwin's claims are 'false, misleading and histrionic'

New Mexico's response to Baldwin's motion to dismiss included extended reasons as to why they're continuing their criminal case against the actor.

scrippsnews.com

 

[Weki]

Yes, the state has the right to rehab their public reputation. They need to do that in court, though. JMO, they're going to have a difficult time explaining their unusual claims about the GJ refusing to review exculpatory evidence. Those 8 defense attorneys are going to make them work. They will come very prepared, just as they did the last time.

State: Alec Baldwin's claims are 'false, misleading and histrionic'

New Mexico's response to Baldwin's motion to dismiss included extended reasons as to why they're continuing their criminal case against the actor.

scrippsnews.com

In my view this is not a typical case. It’s a celebrity case with 8 defense lawyers who are trying this case in the public and trying to taint the jury pool. The state HAS to respond publicly. I don’t subscribe to the notion that the defense can play dirty all day long and the state has to just sit there and take it. The rules of professional conduct allow them to respond when falsehoods are put out in the media. It’s a very different landscape when you mix celebrity and social media. Defense lawyers are increasingly engaging in media tactics to influence jury pools, and I don’t believe the state has to just sit silently. Look what defense lawyers tried to do in the Kohberger case. It’s insane. JMO

 

[SteveS]

Yes, the state has the right to rehab their public reputation. They need to do that in court, though.

No, they do not need to wait until court. Nor should they imo. I'm sure the defense would love theirs to be the only voices heard by prospective jurors, but prosecutors speaking back in the media in response to pre-trial defense attempts to get a skewed jury (of which there have been very very very many by Baldwin and his gang) is VERY common. And fair, too.

While there's a lot to be adjudicated in this case, one truth remains - Baldwin shot and killed another human being, while violating multiple safety norms in doing so. That's a fact that can't be ignored. While there were multiple people whose actions led to the end result, the fact he alone aimed the gun at her and pulled the trigger (actions which were not at all needed and were violations of safety norms, as he well knows) are going to be hard to duck past. It will be interesting to see how the jury ends up evaluating HIS contribution to the deadly carelessness and recklessness, and actions without which no one would be dead.

 

[I am not Sherlock H.]

Alec Baldwin Had ‘Absolutely No Control’ Over His Emotions on ‘Rust’ Set, Prosecutor Argues

Prosecutors intend to argue that Alec Baldwin could not control his emotions on the set of “Rust,” and that he “shamelessly lied” and repeatedly changed his story after accidentally shooting the film’s cinematographer. The actor is due to go on trial in July in Santa Fe, N.M., on a charge of...

news.yahoo.com

In a 32-page filing made public on Monday, prosecutor Kari Morrissey laid out the allegations against Baldwin in unprecedented detail.

She argued that Baldwin would scream and curse at himself and others on set, sometimes for no particular reason, and that his behavior contributed to safety failures.

“To watch Mr. Baldwin’s conduct on the set of ‘Rust’ is to witness a man who has absolutely no control of his own emotions and absolutely no concern for how his conduct affects those around him,” Morrissey wrote. “Witnesses have testified that it was this exact conduct that contributed to safety compromises on set.”

The actor has claimed that he did not pull the trigger of the gun.

Morrissey noted that Baldwin did not make that claim in his initial police interview, but only offered it more than a month later, in an interview with ABC’s George Stephanopoulos. In the Stephanopoulos interview, Baldwin also said that he pointed the gun at Hutchins only after she instructed him to — another claim that did not appear in his police interview.

Thank you for this summary and details. This particular line from the ABC Stephanopolous interview is IMO interesting:

‘Baldwin also said that he pointed the gun at Hutchins only after she instructed him to’

Sadly, that IMO sounds a bit of blaming the victim perhaps? That in conjunction with the above statement about also not apparently pulling the trigger speaks volumes IMO of the individual.

Perhaps a gag order would be advised in this case as it proceeds? MOO

 

[Betty P]

In my view this is not a typical case. It’s a celebrity case with 8 defense lawyers who are trying this case in the public and trying to taint the jury pool. The state HAS to respond publicly. I don’t subscribe to the notion that the defense can play dirty all day long and the state has to just sit there and take it. The rules of professional conduct allow them to respond when falsehoods are put out in the media. It’s a very different landscape when you mix celebrity and social media. Defense lawyers are increasingly engaging in media tactics to influence jury pools, and I don’t believe the state has to just sit silently. Look what defense lawyers tried to do in the Kohberger case. It’s insane. JMO

Compared to nearly every other case followed recently in the news media, this defense team has done little WRT trying their case in the media. They've been fairly quiet compared to defense teams like that for Richard Allen in the Delphi, IN murders. On a scale of 1 to 10, I'd put them below 5. JMO Hiding exculpatory evidence from a jury is a very serious offense in criminal trials. Baldwin's defense team is obligated to bring that problem to the attention of the public and the courts.

Being a celebrity brings its own attention. Baldwin can't help that. It cuts both ways and in the case of this accidental shooting, he's received far more negative than positive media coverage. Fringe social media has been vicious against him, but that probably won't have much impact on the jury.

JMO

 

[Betty P]

Interesting info about the plea deal "offer" in the DM article

In a filing seen by the outlet (Variety), prosecutor Kary Morrissey offered 'a plea deal identical to the petty misdemeanor deal accepted by Dave Halls.'

The filing states that the offer was made on October 5 and Baldwin was given until October 27 to decide, but prosecutors rescinded the offer on October 17.

So, technically, they didn't really make an offer. What a bizarre way of enforcing laws.

As for their other claims in the tabloids, the prosecution is going to have to provide some solid evidence for their claims in court.

Alec Baldwin screamed and cursed at crew on Rust set, docs claim

Prosecutors have filed new documents saying the actor's behavior on the tragic set contributed to 'safety compromises' that led to the fatal shooting.

www.dailymail.co.uk

 

[Marantz4250b]

Being a celebrity brings its own attention. Baldwin can't help that. It cuts both ways and in the case of this accidental shooting, he's received far more negative than positive media coverage. Fringe social media has been vicious against him, but that probably won't have much impact on the jury.

JMO

Lets be in absolutely no doubt here - this was not an accidental shooting! It was a negligent shooting.

We might call it an "unintentional" shooting but it wasn't an accident. It was negligent. Words matter and there is a world of difference between these two!

 

[Weki]

Baldwin will be convicted imo. I like Morrissey and I think she will bring her A game. The defense has needled her and they will continue to do so at trial and there will be fireworks for sure. She’s rough around the edges but I would not underestimate her. 8 defense attys or 20 doesn’t change the facts of this case. A celebrity who shot & killed a mother coming into NM court with 8 fancy New York lawyers will present a certain posture and the defense needs to start being strategic and not ‘histrionic’ here. The fact that they didn’t just take the misdemeanor plea is mind blowing and tells me that having more defense attorneys (than the average defendant) from 3 different states doesn’t mean you have an effective defense. We shall see. JMO

 

[Forest_Wood]

Baldwin will be convicted imo. I like Morrissey and I think she will bring her A game. The defense has needled her and they will continue to do so at trial and there will be fireworks for sure. She’s rough around the edges but I would not underestimate her. 8 defense attys or 20 doesn’t change the facts of this case. A celebrity who shot & killed a mother coming into NM court with 8 fancy New York lawyers will present a certain posture and the defense needs to start being strategic and not ‘histrionic’ here. The fact that they didn’t just take the misdemeanor plea is mind blowing and tells me that having more defense attorneys (than the average defendant) from 3 different states doesn’t mean you have an effective defense. We shall see. JMO

I agree that he will be convicted, although I don't expect him to serve much time, if any. MOO. Would he have known what the sentence would have been (6 months probation if similar to Dave Halls) with a plea deal or does one need to wait to find out after making a plea?

 

[Weki]

I agree that he will be convicted, although I don't expect him to serve much time, if any. MOO. Would he have known what the sentence would have been (6 months probation if similar to Dave Halls) with a plea deal or does one need to wait to find out after making a plea?

Yes my understanding from Morrissey’s response to the MTD was that it was gonna be the same deal as Halls, which was really barely a slap on the wrist. So I don’t know why in the heck AB wouldn’t just take it! Instead he’s gone on a PR campaign playing victim and blaming the victim. And essentially has CHOSEN to go to trial for this tragic incident. JMO

 

[Betty P]

Yes my understanding from Morrissey’s response to the MTD was that it was gonna be the same deal as Halls, which was really barely a slap on the wrist. So I don’t know why in the heck AB wouldn’t just take it! Instead he’s gone on a PR campaign playing victim and blaming the victim. And essentially has CHOSEN to go to trial for this tragic incident. JMO

You should read my post above with a quote from the article about details of the plea deal. It was "bait and switch".

The filing states that the offer was made on October 5 and Baldwin was given until October 27 to decide, but prosecutors rescinded the offer on October 17.

Alec Baldwin screamed and cursed at crew on Rust set, docs claim

Prosecutors have filed new documents saying the actor's behavior on the tragic set contributed to 'safety compromises' that led to the fatal shooting.

www.dailymail.co.uk

 

[Weki]

@Betty P The plea offer was rescinded because the defense publicized it. Thats a no no. It was a confidential discussion between the parties. That’s what Morrissey said in her response.

 

[Betty P]

@Betty P The plea offer was rescinded because the defense publicized it. Thats a no no. It was a confidential discussion between the parties. That’s what Morrissey said in her response.

Do you have a link? TIA

 

[Weki]

Do you have a link? TIA

https://deadline.com/wp-content/uploads/2024/04/baldwin-prosecution-response-april-5-1-32-pages.pdf

Go to page 19 to see the discussion about the plea offer and what defense did. Not only did he publicize it, he was in the process of making a documentary about the shooting and was pressuring witnesses to be in this documentary.

 

[Betty P]

https://deadline.com/wp-content/uploads/2024/04/baldwin-prosecution-response-april-5-1-32-pages.pdf

Go to page 19 to see the discussion about the plea offer and what defense did. Not only did he publicize it, he was in the process of making a documentary about the shooting and was pressuring witnesses to be in this documentary.

Ok, I read the prosecution's allegations on page 19 - 21 regarding AB's alleged leaking of the information to an NBC News reporter. They offer no details about how they received that information or whether its even accurate. There's no evidence to back up the prosecution's claims. No names of the people who leaked the information, no quotes or links to interviews with witnesses who gave them details of the plans they alleged AB and his attorneys were making.

I'll be happy to consider it legit if they provide that information, but on it's face it just sounds like a rumor or story with no proof that it ever happened. For all we know, this could have just been a rumor prosecution read somewhere on social media. There's also no evidence that any media outlet reported the plea deal information

But I'm willing to reserve final judgement until I see some evidence from the prosecution.

There's also no legit explanation yet for why they didn't present to the GJ exculpatory evidence relating to AB. That's pretty serious. I don't ever recall following a trial where jurors were allowed to tell the prosecutor to not present exculpatory evidence, to not introduce it into the record. It's the defendant's Constitutional right to have exculpatory evidence presented, not the jury or prosecution's judgment or opinion.

JMO IANAL

 

[Forest_Wood]

Yes my understanding from Morrissey’s response to the MTD was that it was gonna be the same deal as Halls, which was really barely a slap on the wrist. So I don’t know why in the heck AB wouldn’t just take it! Instead he’s gone on a PR campaign playing victim and blaming the victim. And essentially has CHOSEN to go to trial for this tragic incident. JMO

His pride got in the way! What I was asking though and likely didn't word it properly, is when a person makes a plea deal, do they know beforehand what the sentence will be before they plead guilty to the lesser charge? Or must they make their plea and hope it will be satisfactory once they're sentenced? Hopefully that makes sense what I'm asking. In other words, did he know when he was offered that deal that he would only get 6 months probation and nothing more?
MOO.

 

[Betty P]

His pride got in the way! What I was asking though and likely didn't word it properly, is when a person makes a plea deal, do they know beforehand what the sentence will be before they plead guilty to the lesser charge? Or must they make their plea and hope it will be satisfactory once they're sentenced? Hopefully that makes sense what I'm asking. In other words, did he know when he was offered that deal that he would only get 6 months probation and nothing more?
MOO.

Yes, the defendant's attorney should provide all the details of the agreement to their client, including sentence changes. There's usually a time period during which the defense attorneys and defendant can deliberate whether they choose to take the deal.

If being called for jury duty is any indication, many plea deals are even resolved just prior to seating the jury so the trial can begin. IOW, at the last minute, sometimes the day before trial. Source: Have been called for jury duty a few times for Common Pleas court.

 

[I am not Sherlock H.]

@Betty P The plea offer was rescinded because the defense publicized it. Thats a no no. It was a confidential discussion between the parties. That’s what Morrissey said in her response.

I wonder if AB thinks maybe he should consider new counsel? Seeing how this has unfolded, IMO one has to wonder. IANAL. MOO

 

[Marantz4250b]

I wonder if AB thinks maybe he should consider new counsel? Seeing how this has unfolded, IMO one has to wonder. IANAL. MOO

If I were a betting man, and I am, I would place good money on his defence advising him strongly not to publicise it and risk messing things up but him insisting to the contrary.

This is an Alec Baldwin "foul-up", in my very humble opinion, not one by the lawyers.