Rust and Related Lawsuits

[Frater I*I]

What kind of dumbass doesn't know in this day and age that jailhouse calls a recorded and can come back to haunt you....

[raison de arizona]

[zekeb]

It's too bad the clueless don't always have someone telling them what is and what is not a good idea.

[Tiredretiredlawyer]

Her Attorney's paralegal told her during a call that these calls were recorded. Hannah seems way to self a absorbed to understand how the real world works.

[andersweinstein]

For anyone interested, NM courts created a "high profile cases" page, which has docket items for cases stemming from the Rust shooting (the only "high profile" cases so far):
https://nmcourts.gov/news/high-profile-cases/

There are now multiple motions to dismiss from Team Baldwin: one based on Grand Jury improprieties and prosecutorial misconduct; one based on destruction of evidence (the gun), and one -- which I find a philosophically interesting -- based on failure to allege an offense at all under NM law due to lack of any evidence of the requisite mens rea for involuntary manslaughter. The last requires criminal negligence = subjective awareness of creating a risk to others, per NM case law. Beyond facts in the indictment, the last also ppeals to commitments made by the state in the Guitierrez trial.

There is a hearing set for May 17, I believe to deal with the first motion to dismiss, which is fully briefed. Other motions are more recent, state's responses have not yet appeared as I post.

A little amused by the level of back and forth sniping that leads to DEFENDANT ALEC BALDWINS' MOTION TO STRIKE THE STATE'S REPLY TO THE DEFENDANTS' RESPONSE TO THE STATE'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE INDICTMENT.

[RVInit]

The hearing for dismissal took place last week, it took a little over 2 hours. The judge said she will issue a ruling "next week", which would be this week, as I'm posting this on the Monday following the week of the hearing. I listened to most of this, it was interesting. I kind of doubt it will be dismissed, but the judge did have some questions for the prosecutor. One of the more interesting items of complaint has to do with the prosecutor paying one of their witnesses to appear on the Sean Hannity show and bash Baldwin. That seems a little sketchy to me. The prosecutor didn't even attempt to claim she did not do this, unless I missed that part. I probably missed about 10 minutes of the prosecution part of it and I haven't gone back to try to locate the exact time I missed so I can catch up. So, I guess it's possible she did address this. Another interesting thing is that she elicited certain testimony from a witness during the grand jury and used that to indict Baldwin, but then same witness testified different on same question during Hanna's trial.

This prosecutor has several narratives that just aren't true. For instance she is constantly drumming the refrain that Baldwin was in charge of everything and everybody and the proof of that is that in between two takes he was expressing irritation at the armorer for not having his second gun already loaded and ready to go for the second take. Well, I've seen coworkers complain to and about other coworkers during times of high stress, but those who were complaining were not "in charge" or supervising in any way. People will be people, and when stressed lots of people vocalize and it doesn't mean they are "in charge of everything". Of course reading the comments (bad idea) of people who are watching the trial shows they just automatically agree with that. I don't participate in comment sections on YouTube, or should say very rarely do I particpate in any comment section of YouTube, but sometimes read them out of curiosity to see what people are thinking (more often not actually thinking).

[andersweinstein]

The hearing for dismissal took place last week, it took a little over 2 hours. The judge said she will issue a ruling "next week", which would be this week, as I'm posting this on the Monday following the week of the hearing.

Motion to dismiss based on grand jury improprieties denied. The promised Ruling went up at end of the week, Friday at 4 PM.
The court did not find bad faith from prosecutors, which NM case law apparently requires for certain sorts of review of pre-indictment proceedings. Other arguments rejected on other grounds.

Baldwin still has two other motions to dismiss pending, which now have gotten responses by the State. One is based on destruction of the evidence (the gun). The second based on failure to allege a criminal offense (arguing no evidence Baldwin had reason to be aware of risk of live round in gun given alleged facts plus State commitments from Gutierrez trial, e.g. that armorer has sole responsibility for safety).

[andersweinstein]

If interested, full motion day June 21. The use immunity item concerns prosecution's attempt to compel Hannah Gutierrez to testify. She would otherwise assert her fifth amendment privilege in light of her pending appeal. One report here.

[andersweinstein]

State wants to use evidence of other acts of Baldwin on the set showing pattern of recklessness with firearms. State Motion argues this to be admissable as intrinsic evidence essential to the context of crime charged, or in the alternative, other acts evidence that is more probative than prejudicial.

[Maybenaut]

State wants to use evidence of other acts of Baldwin on the set showing pattern of recklessness with firearms. State Motion argues this to be admissable as intrinsic evidence essential to the context of crime charged, or in the alternative, other acts evidence that is offered to prove absence of accident or mistake and is more probative than prejudicial.

FIFY

[RTH10260]

What other "acts on stage" are they thinking of? Wouldn't they also have to show that those acts were bad in light of "industry standards" of behavior on the stage / plot/ set ? What "standards" would they find?

[sugar magnolia]

Did the Hannah woman offer any evidence of Baldwin being careless or reckless with the weapons used? Wouldn't that have been something they would have brought up as a defense for her? "well I fucked up and put live rounds in it, be he was fucking around like he always does."

[p0rtia]

I hate this case.

[andersweinstein]

What other "acts on stage" are they thinking of? Wouldn't they also have to show that those acts were bad in light of "industry standards" of behavior on the stage / plot/ set ? What "standards" would they find?

I believe the industry standards are not necessarily relevant, because industry standards have no backing in law. Industry standards might license actions the law deems reckless. The state has argued explicitly that Baldwin violated NM law regardless of whether he violated industry standards.

But in fact, it does seem Baldwin did violate industry standards he presumably knew about. In this way the standards can hurt him, but not really help him. It's true that industry standards don't put a duty on him to verify the load. But everyone involved with firearms has a role to play in ensuring gun safety on the set, and SAG guidelines do contain the standard items: never point a gun at anyone, treat all guns as if they were loaded, never put your finger on the trigger until you are ready to shoot, all things he apparently violated.

ETA: the behavior listed in the filing:

► Show Spoiler

1) used his gun as a pointer directing crew members; 2) discharged
the revolver after the filming was over and “cut” was called, in violation of rules governing the
safe handling of firearms on set; 3) the defendant shot several scenes wherein he placed his finger
on the trigger of the revolver where the scene did not require any shooting of the firearm; 4) rushed
the armorer to reload and crew members to work at a faster pace; 5) was inattentive during the
firearms training conducted by Ms. Gutierrez and was distracted by texting/face timing family
members and making videos for his family’s enjoyment (the evidence to support this is witness
testimony and the video evidence in the last bulleted paragraph below); 6) engaged in horseplay
with the revolver while making videos during his firearms training while using pull load blanks; 7)
displayed erratic and aggressive behavior during the filming of Rust that created potential safety
concerns; 8) displayed reckless behavior as it related to the use of a firearm, such as pointing it and
firing a blank round at a crew member while using that crew member as a line of site as his
perceived target; and 9) after October 21, 2021 was insistent that he not be required to follow
safety recommendations made by film set safety experts on the continuation of the filming of Rust
in Montana.

[andersweinstein]

Did the Hannah woman offer any evidence of Baldwin being careless or reckless with the weapons used? Wouldn't that have been something they would have brought up as a defense for her? "well I fucked up and put live rounds in it, be he was fucking around like he always does."

She did not testify in her trial. But the state is trying to compel Gutierrez to testify at Baldwin's by giving her use immunity (defense opposes, it will be argued Friday). One item I know she might testify to is that Baldwin "was inattentive during the firearms training conducted by Ms. Gutierrez and was distracted by texting/face timing family members and making videos for his family’s enjoyment". And there was also video evidence introduced at her trial of Baldwin rushing people on the set.

The state's theory is that both were criminally negligent and both at fault.