Rust and Related Lawsuits

[andersweinstein]

While I think that the prosecutors have extremely strong cases against both Baldwin and the armorer for negligence, the attempt to overcharge them with the 5-year enhancement is, in my opinion, a truly despicable prosecutorial abuse of power. This is exactly the sort of thing that many poor defendants would be unable to recognize or fight. No matter the reason why it was done in this case, it speaks incredibly poorly of the prosecutors and, if I were their boss, would most likely cause me to ask for their resignations. In my opinion, just one more example (as if we needed one) of why there needs to be greater accountability for prosecutorial discretion.

You're talking about the Santa Fe District Attorney Mary Carmack-Altwies and the special prosecutor, Andrea Reeb, to whom she handed the case off. So the only boss here would be the NM Attorney General, right? NM AG Raúl Torrez evidently just took office Jan 1, after being DA in Bernallilo County, NM's most populous (includes Albuquerque). Not aware of any comment from him on the case.

Reeb, whom Baldwin is trying to boot, is a Republican, just elected to the state legislature. Torrez and Carmack-Altwies are Democrats.

[Slarti the White]

While I think that the prosecutors have extremely strong cases against both Baldwin and the armorer for negligence, the attempt to overcharge them with the 5-year enhancement is, in my opinion, a truly despicable prosecutorial abuse of power. This is exactly the sort of thing that many poor defendants would be unable to recognize or fight. No matter the reason why it was done in this case, it speaks incredibly poorly of the prosecutors and, if I were their boss, would most likely cause me to ask for their resignations. In my opinion, just one more example (as if we needed one) of why there needs to be greater accountability for prosecutorial discretion.

You're talking about the Santa Fe District Attorney Mary Carmack-Altwies and the special prosecutor, Andrea Reeb, to whom she handed the case off. So the only boss here would be the NM Attorney General, right? NM AG Raúl Torrez evidently just took office Jan 1, after being DA in Bernallilo County, NM's most populous (includes Albuquerque). Not aware of any comment from him on the case.

Reeb, whom Baldwin is trying to boot, is a Republican, just elected to the state legislature. Torrez and Carmack-Altwies are Democrats.

It doesn't matter if they are Republicans, Democrats, Marxists, or Monarchists, they are all responsible for applying the law under which the freedom of two people is being threatened. Looking at it from the outside, it seems clear that there is more than sufficient reason to go to trial for the base charge, but adding in the enhancement is just grandstanding in a high profile case. If I were AG Torrez, I would ask for the resignations of the DA and the special prosecutor because they obviously have no qualms about abusing their not inconsiderable discretion. I have always felt strongly that there should be consequences for making false accusations -- for anyone -- and that it is much more important in the case of those whose accusations actually carry the weight of law. If these people act in this way when they are in the public spotlight, how many more abuses are they committing in low profile cases where the defendants (or the victims) have no recourse to protect themselves?

[andersweinstein]

Reeb, whom Baldwin is trying to boot, is a Republican, just elected to the state legislature. Torrez and Carmack-Altwies are Democrats.

It doesn't matter if they are Republicans, Democrats, Marxists, or Monarchists, they are all responsible for applying the law under which the freedom of two people is being threatened.

Oh, of course. I just think it's interesting to note. Republicans hate Baldwin and are delighted to see him go down, so one might suspect political bias from Reeb, but the Democratic DA is also all-in on the prosecution -- and the media grandstanding.

[Slarti the White]

This seems more like prosecutorial bias than political bias to me (and a need to appear tough in a high-profile prosecution). In any case, the power and lack of accountability given to prosecutors is, in my opinion, a reliable recipe for abuse. At least Baldwin can afford good lawyers to defend him -- and, who knows, they might even be good enough to convince a jury to acquit -- but how often does this sort of thing happen to those who don't have the resources to fight or even the awareness that there are improprieties? If Blackstone was right that it is better for 10 guilty people to go free than for 1 innocent to suffer, then our so-called "justice" system is manifestly unjust.

I don't really have an opinion on Alex Baldwin (or Gutierrez-Reed) personally, but, as a citizen, I am in favor of justice, equity, and accountability. I'm also a process hawk, part of which means that I believe that when you start changing the rules or applying them differently depending on the individuals involved you have crossed a bright line and violated your ethical obligations. Too. also, I think that, given the incentives that prosecutors generally have, this sort of abuse is all but inevitable.

[RVInit]

Alec Baldwin will no longer be facing years in prison over the death of Rust cinematographer Halyna Hutchins after prosecutors dropped the firearms enhancement charge originally brought against the actor/producer.

Had Baldwin, 64, been convicted of the involuntary manslaughter and firearms enhancement charges, he would have faced a mandatory five years in jail. He still faces a charge of involuntary manslaughter for the shooting — that crime would carry a lesser sentence of 18 months if convicted. The amended complaint was filed late Friday.

The charge was also dropped against former Rust armorer Hannah Gutierrez-Reed, who faces the same involuntary manslaughter charge as Baldwin.

More here: https://people.com/movies/alec-baldwin- ... ed-prison/

[Slarti the White]

Alec Baldwin will no longer be facing years in prison over the death of Rust cinematographer Halyna Hutchins after prosecutors dropped the firearms enhancement charge originally brought against the actor/producer.

Had Baldwin, 64, been convicted of the involuntary manslaughter and firearms enhancement charges, he would have faced a mandatory five years in jail. He still faces a charge of involuntary manslaughter for the shooting — that crime would carry a lesser sentence of 18 months if convicted. The amended complaint was filed late Friday.

The charge was also dropped against former Rust armorer Hannah Gutierrez-Reed, who faces the same involuntary manslaughter charge as Baldwin.

More here: https://people.com/movies/alec-baldwin- ... ed-prison/

Thanks for the info RVinit! I found the prosecutor's comments about this to be a little over the top (saying that they were dropping the enhancement to avoid big city lawyers racking up billable hours) given that it was clearly a ex-post facto overreach in the first place, but at least they are going to trial with appropriate charges. Too. also, the article said that they are about to restart shooting on Rust with several members of the original crew already on board (including Baldwin). Not sure that's the wisest move for Baldwin with a trial looming, but it is what it is.

[andersweinstein]

You might be interested in lawtuber Ian Runkle's ("Runkle of the Bailey") critical comments on the DA's response. He's had a harsh view of Baldwin, but found the DA's public comments pretty outrageous (in his soft-spoken Canadian way). Among other things, says it makes him wonder whether the DA can deliver on all their allegations.

[andersweinstein]

In response to the prosecutors dropping the firearm enhancement, Team Baldwin filed a notice of withdrawal their earlier motion. I assume this could have been done in couple of sentences, but they took about 4 pages to get in lots of digs at the "putative" special prosecutor (as they put it), rehashing how wrong she was, including in media appearances and that public response about "billable hours from big-city attorneys", tweaking her for delaying because of the pressure of her legislative duties (the cause for which they've moved to have her disqualified), and, a little amusingly, including Reeb's emails from on Sunday Feb 12. My paraphrases where not in quotes:

At 11:15 AM Reeb wrote they were procedurally confused, it's a trial issue, asked them to withdraw their motion, warns them "this often happens when we are dealing with out of state attys", local counsel should have advised and could be held responsible for sanctions.

11:37: ...but let me look into it to make sure we have it right

1:20 PM Sorry I was busy in the legislature all week but I 100 percent agree, we will amend charges. I still think this was procedurally wrong but regardless "it made me really look into the issue" ... "Happy Superbowl Sunday".

[Tiredretiredlawyer]

Definite PR and "for the record" by Team Baldwin. I think it was necessary though to force the DA to act.

[andersweinstein]

Well Baldwin entered a plea of not guilty and waived his right to appear personally (via videoconference) at a hearing, so his court date today is cancelled. Among the conditions of release imposed by the judge, he is not to possess firearms, not to consume alcohol (!), and not to have contact with potential witnesses except insofar as required for completing the movie.

https://deadline.com/2023/02/alec-baldwin-not-guilty-plea-fatal-rust-shooting-haylna-hutchins-1235269092/

[bob]

No drugs or alcohol is a common condition for probation, especially for crimes of violence.

[andersweinstein]

Armorer Hannah Guiterrez-Reed, citing threats, had request to be allowed to keep a firearm in her home for protection granted over objection of the DA. ETA: the threats include a stalker against whom she has a restraining order.

[raison de arizona]

Armorer Hannah Guiterrez-Reed, citing threats, had request to be allowed to keep a firearm in her home for protection granted over objection of the DA.

https://twitter.com/DEADLINE/status/1629187222703570945

What a crock, she's clearly completely unsafe with firearms.

[Dave from down under]

https://www.abc.net.au/news/2023-03-15/ ... /102102248

A special prosecutor who doubles as a state MP is stepping down from her role in the manslaughter case against actor Alec Baldwin in the death of a cinematographer on a New Mexico film set.

Key points:

Alec Baldwin's legal team said Andrea Reeb's dual roles were unconstitutional
Ms Reeb said she was stepping aside to allow the prosecution to focus on the evidence

Baldwin and weapons supervisor Hannah Gutierrez-Reed have pleaded not guilty of involuntary manslaughter
Baldwin's legal team in February sought to disqualify special prosecutor and Republican state representative Andrea Reeb based on constitutional provisions that safeguard the separation of powers between distinct branches of government.

[roadscholar]

I'm still not convinced Trump's goons didn't hire someone to sabotage the gun because Baldwin lampooned Trump on SNL.

Look what happened when Obama made fun of him at the Correspondent's Dinner. The man cannot stand being mocked.

[neonzx]

I'm still not convinced Trump's goons didn't hire someone to sabotage the gun because Baldwin lampooned Trump on SNL.

Look what happened when Obama made fun of him at the Correspondent's Dinner. The man cannot stand being mocked.

Interesting speculation, kinda. But I don't think tfg is in anyway the mastermind you are suggesting. No Dr. Evil level IQ.

[roadscholar]

He’s the capo. He’s got a lot of soldiers, “a lot of buffers.”

He could gave said “That Baldwin asshole? I want him brought down. Hard.” One if his crew (Bannon?) would figure out how.

[keith]

He’s the capo. He’s got a lot of soldiers, “a lot of buffers.”

He could gave said “That Baldwin asshole? I want him brought down. Hard.” One if his crew (Bannon?) would figure out how.

Will no one rid me of this meddlesome priest actor?

[Suranis]

I'm still not convinced Trump's goons didn't hire someone to sabotage the gun because Baldwin lampooned Trump on SNL.

Look what happened when Obama made fun of him at the Correspondent's Dinner. The man cannot stand being mocked.

Trump wouldn't have directly told anyone to do it, but he would absolutely have been hinting like mad. Someone could have taken the hint and done it. So I think your speculation is very, very possible.

Bit like how Nixon never directly ordered anyone to break into the Watergate hotel, but was still responsible for it. And how Capone never directly ordered anyone killed.

On another level, and I know no-one agrees with me, but I think Balwin would not be being prosecuted as hard if he had not lampooned Trump in such a public way. But that's another argument.

[Dr. Ken]

[bob]

ABC: Charges dropped against Alec Baldwin in fatal on-set 'Rust' shooting: Sources:

Baldwin was charged with two counts of involuntary manslaughter.

Charges against Alec Baldwin have been dropped in the fatal on-set "Rust" shooting, according to sources familiar with the matter.

* * *

"We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident," Luke Nikas and Alex Spiro, the attorneys for Baldwin, said in a statement.

The Santa Fe district attorney's office declined to comment.

* * *

The film's armorer, Hannah Gutierrez-Reed, was also charged with two counts of involuntary manslaughter over Hutchins' death.

Gun enhancement charges filed in the case against both Baldwin and Gutierrez-Reed were dropped in late February.

Gutierrez-Reed has been scheduled to appear at a preliminary hearing on May 3. Her attorney has said she intends to plead not guilty and has said she has no idea how live rounds ended up in the gun.

David Halls, the first assistant director for the film, was sentenced last month to six months unsupervised probation as part of a plea deal. Halls, who handed the Colt .45 revolver to Baldwin prior to the shooting, was charged with negligent use of a deadly weapon.

[raison de arizona]

What a waste of time that was.

Bringing Baldwin up on those charges, I mean.

[Dave from down under]

What a waste of time that was.

Bringing Baldwin up on those charges, I mean.

Politics in the justice system - is not good for justice.

[Suranis]

I know people say that the DA was a Democrat, but I cant really be convinced that if he hadn't done a mockup of the then President he wouldn't have been charged. Or at least was not pretty high profile.

[p0rtia]

What a waste of time that was.

Bringing Baldwin up on those charges, I mean.