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

[Betty P]

Correct. He was a producer in name only to receive additional pay. He wasn’t a producer with extra authority - he wasn’t in charge as they say

Yes, that's the situation with a lot of movies and tv shows. Many producers and executive producers who have a specific management or oversight. They serve along with producers who handle day to day management of their specialty areas. They're the ones responsible for hiring and firing, budgets, etc.

Based on my very limited knowledge of how movies are made. I'm actually learning a lot about it following this case. Making movies, even low budget ones, is a big undertaking. Even more if its on location, with stunts, period costumes and special effects. Many managers in charge of many different things.

 

[PrairieWind]

Whether or not he does the ‘nitty gritty’ it makes no difference in the hiring of professionals.

If you are the top producer it’s up to you to secure a safe and professional environment on site. Even if DH did the hiring AB should have ‘trusted but verified’. You are only as strong as your weakest link.

You can bet he will be hands on going forward, as it should be.

Was he the "top producer?" Who were the other producers and what exactly where their roles? But again, we are discussing that in regards to civil liability. Baldwin and the company settled the civil suit filed by Halyna's husband and son. Criminal liability is an entirely different thing.

 

[Oculus]

Was he the "top producer?" Who were the other producers and what exactly where their roles? But again, we are discussing that in regards to civil liability. Baldwin and the company settled the civil suit filed by Halyna's husband and son. Criminal liability is an entirely different thing.

A quick google...

Rust (2024 film) - Wikipedia

en.wikipedia.org

Film producer - Wikipedia

en.wikipedia.org

According to IMDB, Baldwin is not credited as Executive producer.

Rust (2024) - IMDb

Rust (2024) cast and crew credits, including actors, actresses, directors, writers and more.

www.imdb.com

 

[arielilane]

Something I've been struck by during the course of this case is that there's very little suggestion from anyone that HGR could have been 'set up' because people didn't like her.

Does nobody else think that someone could have deliberately mixed in the live rounds to show HGR up and teach her a lesson?

I'm not suggesting anyone wanted to cause a death or murder if they did such a terrible thing, the motivation IMO could be to humiliate her and have her sacked once and for all.

JMO MOO

Agreed. It's possible, but is it probable?

 

[arielilane]

DAY 10 of the "Rust" manslaughter trial of armorer Hannah Gutierrez-Reed.Judge is hearing a defense motion and going over jury questions with counsel.This portion is not being live streamed so I'll update you on what happens. Jury will not arrive until 10a.

Defense moves for directed verdict - over lack of evidence in case.Defense: state has failed to prove that HGR brought live ammo on set and did it with a willful disregard.


State argues:HGR said herself that she loaded the gun.HGR told detective that it was her job to check and to make sure in fact the dummy rounds were dummy rounds.“She understood what her duties were. She failed in her duties," Kari Morrissey said.


Morrissey:“She had let 6 dummy rounds float around that set for twelve days.”KM: Ms. Hutchins died because of a combination of factors: HGR bought live rounds, she loaded a live round, didn’t do a full and thorough check with the 1st AD.


JUDGE DENIES MOTIONS FOR DIRECTED VERDICT ON ALL COUNTSCourt finds evidence supports count 1 and tampering with evidence.Judge thinks there’s circumstantial evidence - testimony and text messages are telling.


On jury instructions:Judge denies defense objection and language stands :state does not have to demonstrate that HGR brought live rounds on set - she loaded the gun.

@DanaGriffinNBC

 

[arielilane]

@cathyrusson

Late start today. Court set to resume at 10am MT/12pm ET with the beginning of the defense case.


10:14 AM · Mar 5, 2024

https://twitter.com/x/status/1765033115133911544

 

[arielilane]

@cathyrusson

Judge denied defense motion for judgment of acquittal in #RustTrial. (She did not allow this argument to be streamed). Jury reporting at 10am MT/12pm ET.


11:37 AM · Mar 5, 2024

 

[Betty P]

A quick google...

Rust (2024 film) - Wikipedia

en.wikipedia.org

Film producer - Wikipedia

en.wikipedia.org

According to IMDB, Baldwin is not credited as Executive producer.

Rust (2024) - IMDb

Rust (2024) cast and crew credits, including actors, actresses, directors, writers and more.

www.imdb.com

Correct, he was a producer

As Prairie Wind points out, that's not relevant in this criminal trial, only in a civil trial.

 

[arielilane]

DAY 10 of the "Rust" manslaughter trial of armorer Hannah Gutierrez-Reed.Judge is hearing a defense motion and going over jury questions with counsel.This portion is not being live streamed so I'll update you on what happens. Jury will not arrive until 10a.

Defense moves for directed verdict - over lack of evidence in case.Defense: state has failed to prove that HGR brought live ammo on set and did it with a willful disregard.


State argues:HGR said herself that she loaded the gun.HGR told detective that it was her job to check and to make sure in fact the dummy rounds were dummy rounds.“She understood what her duties were. She failed in her duties," Kari Morrissey said.


Morrissey:“She had let 6 dummy rounds float around that set for twelve days.”KM: Ms. Hutchins died because of a combination of factors: HGR bought live rounds, she loaded a live round, didn’t do a full and thorough check with the 1st AD.


JUDGE DENIES MOTIONS FOR DIRECTED VERDICT ON ALL COUNTSCourt finds evidence supports count 1 and tampering with evidence.Judge thinks there’s circumstantial evidence - testimony and text messages are telling.


On jury instructions:Judge denies defense objection and language stands :state does not have to demonstrate that HGR brought live rounds on set - she loaded the gun.

@DanaGriffinNBC

Jury Instruction 2: negligent use of a deadly weapon Defense requests the word “negligent” be changed to “reckless” Defense: we agree with what Mr. Lewis proposed
Judge: negligent use of deadly weapon should be defined in jury instruction.


Prosecution now wants a moment to look into this further. Court in recess.


Lewis: on jury instruction regarding negligent use of firearm. They want to remove “recklessness” and leave it as “negligent.” Willing to Include defense's proposed definition of negligence: must find defendant acted with willful.. Judge: No. “this is not how it goes.”



KM: there’s case law that shifted that MB: It’s on our slide (PowerPoint) Lewis references State vs Yarbrough KM emails case law to judge.


Defense references State vs. Henley: criminal negligence includes recklessness
Judge leaves court to print out something.


HGR has left court. Note: Her father (Thell Reed) is in the hallway. He could be called as a defense witness. Courtroom is chatty.


10:08 - everyone is back in the courtroom including judge.


Judge denies request for “recklessness”. On general criminal intent: prosecution objects since they don’t have to prove she acted intentionally. Judge denies defense request for instruction #1. Judge grants defense request for instruction #2


Tampering with evidence instruction Prosecution wants to change “cocaine” to “suspected controlled substance.” Defense objects Prosecution: wants to broaden language since defense brought up that no one knows for sure it was cocaine. Judge keeps word “cocaine”



Court takes 5 min break before jury is brought in.



10:25 - judge enters courtroom - sidebar with counsel (They’re discussing defense witnesses and someone potentially bringing in a gun and dummy rounds).



Prosecutor Kari Morrisey says out loud: “He is a charlatan.” Defense attorney Jason Bowles asks her to repeat what she just said. She does.



DEFENSE WITNESS 1: Lorenzo Montoya, OSHA Compliance OfficerMonnica Barreras questions LM assigned to conduct safety inspection after Rust incident. Purpose of investigation: find out what led to death and recommend corrective measures so it doesn't happen again.


Conclusion: issued citation to Rust Movie Productions. OSHA determined that management teams were responsible for a series of failures that accumulated in an accident. Management included Sarah Zachry, Gabrielle Pickle and Dave Halls. Rust settled with OSHA at $100,000

MB: Did you conclude that HGR was not provided enough time to inventory and inspect dummy rounds?Objection - sidebar


@DanaGriffinNBC

 

[arielilane]

First day of defense case in #Rust armorer Hannah Gutierrez-Reed involuntary manslaughter trial opens with discussion of jury instructions and a sidebar re: admissibility of a defense expert.


12:37 PM · Mar 5, 2024


Special prosecutor Kari Morrissey returns to defense table muttering audibly “he’s a charlatan”. “What did you say?”, defense attorney Jason Bowles responded and they had a terse exchange I couldn’t hear all of….#Rust

12:40 PM · Mar 5, 2024


NM OSHA inspector: the state fined #Rust production $100k after finding management responsible for series of errors which “accumulated in an accident “.


12:50 PM · Mar 5, 2024

@phaedraann

 

[PrairieWind]

First day of defense case in #Rust armorer Hannah Gutierrez-Reed involuntary manslaughter trial opens with discussion of jury instructions and a sidebar re: admissibility of a defense expert.


12:37 PM · Mar 5, 2024


Special prosecutor Kari Morrissey returns to defense table muttering audibly “he’s a charlatan”. “What did you say?”, defense attorney Jason Bowles responded and they had a terse exchange I couldn’t hear all of….#Rust

12:40 PM · Mar 5, 2024


NM OSHA inspector: the state fined #Rust production $100k after finding management responsible for series of errors which “accumulated in an accident “.


12:50 PM · Mar 5, 2024

@phaedraann

Good grief!!! Are these grown up?! Is this in front of the jury?

 

[Betty P]

What's with the NM state OSHA guy who can't remember giving an interview about the case. He's looking at interview and saying he doesn't remember giving the interview, though the answers look like things he would say.

Is this guy changing his story?

State is preparing to read his responses he gave in the interview.
In the interview he agreed HGR's action contributed to the accident. He finally admits he said that.

 

[Betty P]

He didn't review sheriff's report.
Didn't review behind the scenes video of the filming
Never relied on expert opinions that were given to write report

 

[Weki]

Only 100k fine? What a joke!

I have a conflict of interest because I support OSHA saying it’s ultimately management’s responsibility. But I also feel like HGR was careless and should’ve checked, double checked and triple checked each gun every time before handing it to anybody. It just feels like she was arrogant and not that she was overwhelmed and stymied by management. JMO

 

[arielilane]

Jury Instruction 2: negligent use of a deadly weapon Defense requests the word “negligent” be changed to “reckless” Defense: we agree with what Mr. Lewis proposed
Judge: negligent use of deadly weapon should be defined in jury instruction.


Prosecution now wants a moment to look into this further. Court in recess.


Lewis: on jury instruction regarding negligent use of firearm. They want to remove “recklessness” and leave it as “negligent.” Willing to Include defense's proposed definition of negligence: must find defendant acted with willful.. Judge: No. “this is not how it goes.”



KM: there’s case law that shifted that MB: It’s on our slide (PowerPoint) Lewis references State vs Yarbrough KM emails case law to judge.


Defense references State vs. Henley: criminal negligence includes recklessness
Judge leaves court to print out something.


HGR has left court. Note: Her father (Thell Reed) is in the hallway. He could be called as a defense witness. Courtroom is chatty.


10:08 - everyone is back in the courtroom including judge.


Judge denies request for “recklessness”. On general criminal intent: prosecution objects since they don’t have to prove she acted intentionally. Judge denies defense request for instruction #1. Judge grants defense request for instruction #2


Tampering with evidence instruction Prosecution wants to change “cocaine” to “suspected controlled substance.” Defense objects Prosecution: wants to broaden language since defense brought up that no one knows for sure it was cocaine. Judge keeps word “cocaine”



Court takes 5 min break before jury is brought in.



10:25 - judge enters courtroom - sidebar with counsel (They’re discussing defense witnesses and someone potentially bringing in a gun and dummy rounds).



Prosecutor Kari Morrisey says out loud: “He is a charlatan.” Defense attorney Jason Bowles asks her to repeat what she just said. She does.



DEFENSE WITNESS 1: Lorenzo Montoya, OSHA Compliance OfficerMonnica Barreras questions LM assigned to conduct safety inspection after Rust incident. Purpose of investigation: find out what led to death and recommend corrective measures so it doesn't happen again.


Conclusion: issued citation to Rust Movie Productions. OSHA determined that management teams were responsible for a series of failures that accumulated in an accident. Management included Sarah Zachry, Gabrielle Pickle and Dave Halls. Rust settled with OSHA at $100,000

MB: Did you conclude that HGR was not provided enough time to inventory and inspect dummy rounds?Objection - sidebar


@DanaGriffinNBC

LM: “We came to the conclusion that she wasn't afforded time to conduct her duties to the best of her ability.” LM: The employer is asking an individual to perform safety functions while also telling them they need to devote time to other duties


LM: HGR had no authority to determine training - a violation of Rust training bulletin #1 (Armorer determines when training/retraining is necessary) LM: Rust response to HGR’s comments of not having enough time went “unresponded and unheeded upon” by SZ, GP and DH


LM: “Rust Movie Productions identified a workplace hazard and they adopted a firearm safety policy but they failed to enforce them.” LM: Safety concerns were raised. They chose to simply not respond.


CROSS: Jason Lewis JL: Is it true you didn’t have sheriff’s report?
LM: Correct, only had their initial public press release



LM agrees that he did not know HGR had 3 hours to conduct safety checks the morning of the shooting.


LM: employee expressed concern to Gabrielle Pickle about weapons left unattended
LM: it resulted in no response

@DanaGriffinNBC

 

[Mandi3020]

I’m tried to pay attention to the OSHA Compliance Officer. Couldn’t remember giving an interview pertaining to the case, and no review of the sheriffs report. I found him boring as well, which I know doesn’t matter as far as I’m concerned, but I think a witness needs to engage the jury.

 

[Betty P]

Only 100k fine? What a joke!

I have a conflict of interest because I support OSHA saying it’s ultimately management’s responsibility. But I also feel like HGR was careless and should’ve checked, double checked and triple checked each gun every time before handing it to anybody. It just feels like she was arrogant and not that she was overwhelmed and stymied by management. JMO

Agree. The system had a lot of redundancies built into it. Checking the guns thoroughly before declaring them "cold" could have prevented any other mistakes that had been made prior.

I'm still of the opinion this tragic accident should have been handled the typical way - through civil trial.

 

[arielilane]

DEFENSE WITNESS 2: Robert Genoway, Bureau Chief for New Mexico OSHA
RG made decision to cite Rust Productions based on industry standards pertaining to hazards of firearms on a movie set
RG believes investigation was thorough


OSHA has 6 months to complete investigations- sheriff hadn’t provided their report until after OSHA report
RG: sheriff report not necessary when looking at specific employer safety violations


CROSS: Lewis JL: Did HGR’s actions contribute to break down on Rust set?
RG: No


JL references Feb 5, 2024 interview RG doesn’t recall
RG looks at interview transcript for recollection but says he doesn’t remember what is written in transcript


JL: Do you agree, that in the interview, you agreed that HGR contributed to the breakdown that occurred on set? RG: Yes


JL: reviewed film from Rust cameras?
RG: no
JL: engaged with any other armorers to aid investigation?
RG: never actually engaged those experts



REDIRECT: Barreras
MB: Did OSHA bureau find that Rust afforded armorer enough time to inventory ammo?
RG agrees Rust failed to afford armorer enough time to inventory ammo.

@DanaGriffinNBC

 

[Betty P]

This PI they hired to review discovery documents is offering a lot of opinions on things he's not qualified to judge. He's making judgments about ballistics, etc., but he's not a ballistics expert.

JMO, I don't find him very credible.

 

[twall]

So many sidebars today!