Photographer
LightDreams
Posts: 4886
Vancouver, British Columbia, Canada
"(Guardian) Judge considers dismissing Alec Baldwin trial after lawyers argue state withheld evidence"
[...]
"Prosecutors have long said evidence shows that Gutierrez-Reed was the source of the live round, but the defense said the state received evidence that suggested otherwise. A “good samaritan” came forward to police this year with a box of munitions that he claimed came from the prop supplier, Seth Kenney, and matched the ammunition that killed Hutchins, said Alex Spiro, Baldwin’s defense attorney, on Thursday.
A report of the interview was not included with the other Rust evidence nor shared with the lawyer of Gutierrez-Reed and was instead filed under a number unrelated to the case, the defense said."
[...]
"The arguments on Friday morning appeared to stun the courtroom."
[...]
https://www.theguardian.com/us-news/art … -dismissed
Note: The Judge has not yet decided, or ruled, on the issue.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
LightDreams wrote:
"(Guardian) Judge considers dismissing Alec Baldwin trial after lawyers argue state withheld evidence"
[...]
"Prosecutors have long said evidence shows that Gutierrez-Reed was the source of the live round, but the defense said the state received evidence that suggested otherwise. A “good samaritan” came forward to police this year with a box of munitions that he claimed came from the prop supplier, Seth Kenney, and matched the ammunition that killed Hutchins, said Alex Spiro, Baldwin’s defense attorney, on Thursday.
A report of the interview was not included with the other Rust evidence nor shared with the lawyer of Gutierrez-Reed and was instead filed under a number unrelated to the case, the defense said."
[...]
"The arguments on Friday morning appeared to stun the courtroom."
[...]
https://www.theguardian.com/us-news/art … -dismissed
Note: The Judge has not yet decided, or ruled, on the issue. Yes, complication being, as I understand, that the '"Good Samaritan" providing possibly exculpatory evidence, is a friend of convicted armorer Hanna Gutierrez-Reid's father.
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Patrick Walberg
Posts: 45553
San Jose, California, US
It's official; Alec Baldwin's criminal case has been dismissed in New Mexico in the fatal shooting of a cinematographer. I'm not sure how I feel about this. Armorer Hanna Gutierrez-Reid is doing time for the incident. Maybe this helps her appeal?
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
ALEC BALDWIN’S ‘RUST’ TRIAL TOSSED OUT OVER “CRITICAL” BULLET EVIDENCE; INCARCERATED ARMORER COULD BE RELEASED TOO
"“The state has repeatedly made representations to defense and to the court that they were compliant with all their discovery obligations,” said Judge Mary Marlowe Sommer in her ruling from the bench just now. “Despite their repeated representations, they have continued to fail to disclose critical evidence to the defendant.”
“The state is highly culpable for its failure to provide discovery to the defendant,” the judge, added in a measured tone. “Dismissal with prejudice is warranted.”
Prosecution inept and shambolic from the start.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
Patrick Walberg wrote:
It's official; Alec Baldwin's criminal case has been dismissed in New Mexico in the fatal shooting of a cinematographer. I'm not sure how I feel about this. Armorer Hanna Gutierrez-Reid is doing time for the incident. Maybe this helps her appeal? Believe it will.
Photographer
LightDreams
Posts: 4886
Vancouver, British Columbia, Canada
What a sh*t show. The second prosecutor in the case resigned this morning, before the hearing. Apparently in a disagreement as to whether it should even have gone to a public hearing.
Then, somehow, the defense found out about the Special Prosecutor's big secret. She knew about the ammunition that had been brought in for comparison, personally believed that the evidence was suspect, and then did the unthinkable. She effectively HID that evidence from the Court, the Defense and the FBI testing lab.
What that evidence would have proved, or not proved, will never be known as a result of her DELIBERATE (according to the court) actions.
The Special Prosecutor even called herself to the stand to try to explain why she believed that potential evidence should be ignored (it wasn't her decision to make). When she was cross examined everyone also found out about the other Prosecutor that had resigned that morning. She also indicated that she had no idea how the defense found out about all of this.
---
(ABC News)
Judge Sommer said that a dismissal with prejudice is a "very extreme sanction" and that she needed to "make a very good record" of her decision.
The Judge "called the state's withholding of this information "intentional and deliberate" and that it came to light so late in the proceedings that it "undermines the defendant's preparation for trial."
"If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching prejudice," she said.
https://abcnews.go.com/US/alec-baldwin- … =111883104
---
What an unbelievable mess.
[EDITED to add...]
Gutierrez's Attorney says he plans to file a motion on Monday addressing the "same discovery failures by the state" in Gutierrez's case. The Judge was the same in both cases.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
LightDreams wrote:
Gutierrez's Attorney says he plans to file a motion on Monday addressing the "same discovery failures by the state" in Gutierrez's case. The Judge was the same in both cases. It is a crying shame these cases will have been decided by a procedural technicality rather than the merits. In the eyes of many Baldwin will not have been exonerated and he will forever be guilty in their eyes.
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LA StarShooter
Posts: 2739
Los Angeles, California, US
Focuspuller wrote:
It is a crying shame these cases will have been decided by a procedural technicality rather than the merits. In the eyes of many Baldwin will not have been exonerated and he will forever be guilty in their eyes. Dismissal is not a procedural technicality. The State withheld evidence from the defence and when a Prosecutor engages in such behaviour they may end up being disbarred. The State was relying on trying Baldwin as a Producer and his defence nuked that. A defendant has rights. She may end up holding the bag for violating his rights if there is a strong move to disbar her. The judge dismissed with prejudice meaning the case can never be brought again. It was a huge win for Baldwin. His lawyers did a great job.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
LA StarShooter wrote:
Dismissal is not a procedural technicality. The State withheld evidence from the defence and when a Prosecutor engages in such behaviour they may end up being disbarred. The State was relying on trying Baldwin as a Producer and his defence nuked that. A defendant has rights. She may end up holding the bag for violating his rights if there is a strong move to disbar her. The judge dismissed with prejudice meaning the case can never be brought again. It was a huge win for Baldwin. His lawyers did a great job. It was a procedural infraction in the sense the prosecutor did not follow the procedure of disclosing all evidence it discovered to the defense; not a trivial offense, and dismissible. But Baldwin may have escaped prison but he will never have the advantage of having been declared "innocent".
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Dan Howell
Posts: 3672
Kerhonkson, New York, US
OK, can we end this thread now?
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
Dan Howell wrote:
OK, can we end this thread now? Absolutely.
Until then, you could just ignore it.
Photographer
Bob Helm Photography
Posts: 18974
Cherry Hill, New Jersey, US
Focuspuller wrote:
It was a procedural infraction in the sense the prosecutor did not follow the procedure of disclosing all evidence it discovered to the defense; not a trivial offense, and dismissible. But Baldwin may have escaped prison but he will never have the advantage of having been declared "innocent". Courts do not find people innocent, they find them not guilty in that the prosecution did not prove all the element of the crime. From my following the case I dont think they would have gotten a conviction due to reasonable doubt but regardless everyone will know he had some responsibility in a persons death. Yes I am aware of his responsibility to have checked the weapon but doubt he had enough knowledge to know a live round and yes there shouldn't have been any round in the gun.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
Bob Helm Photography wrote:
Courts do not find people innocent, they find them not guilty in that the prosecution did not prove all the element of the crime. From my following the case I dont think they would have gotten a conviction due to reasonable doubt but regardless everyone will know he had some responsibility in a persons death. Yes I am aware of his responsibility to have checked the weapon but doubt he had enough knowledge to know a live round and yes there shouldn't have been any round in the gun. "Courts do not find people innocent, they find them not guilty..."
Yes Bob, which is why I said " he will never have the advantage of having been declared "innocent"", a term the general public would use.
And past practice for 100 years has been for a weapon to be made safe before it gets to the actor. Actors do not usually check their weapons. And not so sure a lay jury would not have convicted him, if the videos and testimony of an extremely unsafe set in general and Baldwin's prior behavior on set were admissible, fair or not.
Photographer
JSouthworth
Posts: 2099
Kingston upon Hull, England, United Kingdom
Who loaded the gun with live rounds? How did the live rounds get on the set?
Most of the dummy rounds found by investigators on the set had fired brass primers. Others, including the six live rounds, had new nickel primers, but the brass cases were all of the Starline Brass brand. As though someone had taken some of the dummy rounds off the set to convert them into a mix of identical-looking dummy and live rounds with new primers;
https://www.vanityfair.com/hollywood/20 … set-deadly
Alec Baldwin's public statements, or performances have exposed him as a liar and a wimp with no ethical compass. My father was an actor and sometime theatre manager, and I have to say that Baldwin's video spot in which he denies pulling the trigger is one of the worst acting performances I have ever seen anywhere.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
JSouthworth wrote:
Who loaded the gun with live rounds? How did the live rounds get on the set?
Most of the dummy rounds found by investigators on the set had fired brass primers. Others, including the six live rounds, had new nickel primers, but the brass cases were all of the Starline Brass brand. As though someone had taken some of the dummy rounds off the set to convert them into a mix of identical-looking dummy and live rounds with new primers;
https://www.vanityfair.com/hollywood/20 … set-deadly
Alec Baldwin's public statements, or performances have exposed him as a liar and a wimp with no ethical compass. My father was an actor and sometime theatre manager, and I have to say that Baldwin's video spot in which he denies pulling the trigger is one of the worst acting performances I have ever seen anywhere. "As though someone had taken some of the dummy rounds off the set to convert them into a mix of identical-looking dummy and live rounds with new primers;"
And in your conspiracy-riddled mind, who did that, and for what purpose?"
"My father was an actor and sometime theatre manager,..."
And that gives you exactly what expertise in judging an actor's "performance?"
Photographer
P R E S T O N
Posts: 2605
Birmingham, England, United Kingdom
Focuspuller wrote:
"My father was an actor and sometime theatre manager,..."
And that gives you exactly what expertise in judging an actor's "performance?" Well...
https://www.youtube.com/watch?v=0L-UOG_ … mp;index=6
2:57:35 - Southy's dad, his winning ticket, death and resurrection.
Photographer
Patrick Walberg
Posts: 45553
San Jose, California, US
JSouthworth wrote:
Who loaded the gun with live rounds? How did the live rounds get on the set?
Most of the dummy rounds found by investigators on the set had fired brass primers. Others, including the six live rounds, had new nickel primers, but the brass cases were all of the Starline Brass brand. As though someone had taken some of the dummy rounds off the set to convert them into a mix of identical-looking dummy and live rounds with new primers;
https://www.vanityfair.com/hollywood/20 … set-deadly
Alec Baldwin's public statements, or performances have exposed him as a liar and a wimp with no ethical compass. My father was an actor and sometime theatre manager, and I have to say that Baldwin's video spot in which he denies pulling the trigger is one of the worst acting performances I have ever seen anywhere. This tragic event will hopefully bring about more conscious safety handling of weapons on the sets every where film, video or stills are shot. I am not thrilled about all the conspiracy theories you've spread through out this post, but so be it. This tragic incident is history, but maybe we can learn from it. Considering that nearly everything you've commented is your opinion, and NOT based on FACT .. I give it a grain of salt. Alec Baldwin's acting ability has always been up for subjective opinion. It doesn't mean he is guilty of anything.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
Photographer
JSouthworth
Posts: 2099
Kingston upon Hull, England, United Kingdom
What we need to have is more evidence, really. We need to know where the live rounds came from and of course, who loaded the gun.
One live round was found by investigators in each of the bandoliers worn by Alec Baldwin and another actor on the set, Jensen Ackles.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
JSouthworth wrote:
What we need to have is more evidence, really. We need to know where the live rounds came from and of course, who loaded the gun. Which may happen if the armorer's appeal is granted and a retrial ensues. Absent that, doubtful.
Photographer
Patrick Walberg
Posts: 45553
San Jose, California, US
Focuspuller wrote:
Which may happen if the armorer's appeal is granted and a retrial ensues. Absent that, doubtful. One juror told 'The New York Times' that she started to think, "This was very silly, and he should not be on trial"
I don't think the case being dismissed is going to hurt Alec Baldwin too much. Hannah will be released next.
https://people.com/2-jurors-in-alec-bal … al-8681200
Photographer
JSouthworth
Posts: 2099
Kingston upon Hull, England, United Kingdom
Focuspuller wrote:
"As though someone had taken some of the dummy rounds off the set to convert them into a mix of identical-looking dummy and live rounds with new primers;"
Who did that, and for what purpose?" That is the big question, the question of motive. What are the possibilities? 1. Murder as part of an insurance scam. 2. The desire on someone's part to find out what it would be like to actually shoot a person with a gun as opposed to playing it in a movie. 3. Malevolent sabotage; someone wanted to cause a (potentially fatal) shooting incident from motives of personal animosity towards another person, or other people on the set without necessarily intending the victim (if any) of the shooting to be any specific individual.
In any of these cases, the person or persons concerned would try to make it look accidental, to avoid culpability. So they would probably try to put a few of their converted live rounds on the gun cart and in the ammunition box with the dummy rounds when no-one was looking.
Photographer
Focuspuller
Posts: 2998
Los Angeles, California, US
JSouthworth wrote:
That is the big question, the question of motive. What are the possibilities? 1. Murder as part of an insurance scam. 2. The desire on someone's part to find out what it would be like to actually shoot a person with a gun as opposed to playing it in a movie. 3. Malevolent sabotage; someone wanted to cause a (potentially fatal) shooting incident from motives of personal animosity towards another person, or other people on the set without necessarily intending the victim (if any) of the shooting to be any specific individual.
In any of these cases, the person or persons concerned would try to make it look accidental, to avoid culpability. So they would probably try to put a few of their converted live rounds on the gun cart and in the ammunition box with the dummy rounds when no-one was looking. Thanks for the window into your conspiracy-addled psyche.
"That is the big question, the question of motive. What are the possibilities?"
Incorrect. The question is, "What are the LIKELY possibilities?" You could, and did, conjure any number of "possible" motives, none of which likely or credible, or leading to an actual murder. YOU could "possibly" be an AI trollbot; a software algorithm prompted for maximum chaos. Likely?
"Insurance scam". This has already been dealt with in your previous excursion in fantasyland. To recap, RUST had NO completion bond, so there was NO insurance payout in the event of a production shutdown. And in fact, the production was, in fact, completed. Try to keep up.
"The desire on someone's part to find out what it would be like to actually shoot a person with a gun as opposed to playing it in a movie." Too stupid for comment. Is that one of YOUR secret "desires"?
"Malevolent sabotage...without necessarily intending the victim (if any) of the shooting to be any specific individual." Just general, unspecific chaos of a live round going off and posssibly..... KILLING THE PERPETRATOR. Brilliant.
You have proposed no credible motive whatsoever. Now..
" As though someone had taken some of the dummy rounds off the set to convert them into a mix of identical-looking dummy and live rounds with new primers;"
Explain exactly how that could have happened, and "when no-one was looking."
Was it Baldwin? Sneaking on the prop truck, accessing the dummy rounds from the locked safe and replacing the spent primers with live ones he somehow acquired, HIMSELF, ON THE PROP TRUCK ON THE DAY OF THE SHOOT, unseen by anyone who would later testify they saw him entering, leaving, the prop truck?
NOT Baldwin? Then WHO? And HOW? And WHEN? Another conspiracist, likely to rat on Baldwin once a fatality actually happens?
A human being lost her life. Stop turning this tragedy into farce.
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