Judge dismisses charges against Alec Baldwin in Rust killing
Source: Reuters
July 12, 2024 6:07 PM EDT Updated 6 min ago
SANTA FE, New Mexico, July 12 (Reuters) - SANTA FE, New Mexico, July 12 (Reuters) - A New Mexico judge dismissed involuntary manslaughter charges against Alec Baldwin on Friday after his lawyers alleged police hid evidence of the source of the live round that killed "Rust" cinematographer Halyna Hutchins in 2021.
Three days after Baldwin's trial began in New Mexico, Judge Mary Marlowe Sommer ruled after hearing evidence on the defense request made earlier Friday.
The actor's lawyers said the Santa Fe sheriff's office took possession of live rounds as evidence in the case but failed to list them in the "Rust" investigation file or disclose their existence to defense lawyers.
They also alleged the rounds were evidence that the bullet that killed Hutchins came from Seth Kenney, the movie's prop supplier. Kenney has denied supplying live ammunition to the production and has not been charged in the case. He had been expected to testify against Baldwin.
Read more: https://www.reuters.com/legal/government/alec-baldwin-trial-suspense-judge-mulls-motion-dismiss-charge-2024-07-12/
Maraya1969
(22,967 posts)Self Esteem
(1,453 posts)OhZone
(3,216 posts)An accident (or set up) is an accident (or set up)
OMGWTF
(4,390 posts)I believe it. I also believe that Ivana was pushed.
ArkansasDemocrat1
(3,167 posts)SarcasticSatyr
(1,273 posts)Was it ever determined how live ammo ended up on the set at all?
CTyankee
(64,814 posts)forgotmylogin
(7,668 posts)But I read there were unconfirmed set reports that during down time, some crew members were using the functional gun props (which could fire real bullets and blanks) to target shoot bottles and cans for fun (with real bullets) and if that's the case, it's a terrible tragedy and someone was liable for mishandling them. Real bullets don't belong on a movie set for any reason.
FakeNoose
(35,386 posts)When they invented prop (or fake) guns for the movies, they also invented prop ammunition. There's no reason that real bullets should be used in prop guns - ever! A prop is a prop.
They have such great AI and CGI technology now, making 80 year-old-actors look half their age, and all the rest. They can certainly use CGI for fake guns, explosions, etc. None of this needs to be real any more.
Now would be a good time to BAN GUNS altogether from movie sets.
Raftergirl
(1,367 posts)forgotmylogin
(7,668 posts)There are several different types of theatrical firearms for different situations.
"Fake" guns. These are designed to look real but are not operational. For stage use these are the most common. There are prop guns made of rubber for scenes where people get hit with them or "pistol whipped". There are replicas which are designed of plastic and wood and even metal to look great on camera or on stage but don't do anything. There are mechanical replicas which can be manipulated - like a replica shot gun may hinge open realistically to load fake shells, there may be a prop magazine or plastic bullets that can be loaded, the barrel on a revolver might spin. It may even be designed with a flint so it throws sparks when the trigger is pulled, but there is no hammer and no actual mechanism to make it fire if a bullet is loaded, or it may not accept a bullet.
There are also "starter pistols" which operate like a gun but have a solid barrel incapable of throwing a projectile. These are used, as the name suggests, to fire a blank at the start of a race, and are occasionally used onstage when a gun must fire a live blank. If a real bullet is loaded in a starter pistol and fired, it would likely explode in the shooter's hand since the barrel is closed, though I believe actual starter pistols are designed so there's not enough space to load a real bullet with a projectile on it.
These aren't used a lot anymore but there are also "cap guns" - they used to be common as children's toys but aren't any longer. A cap gun cannot fire bullets but is fed with a continuous roll of paper tape with tiny dots of gunpowder and maybe flint? The trigger-and hammer work - the hammer smacks the tape which causes a tiny pop and flash and often a bit of smoke so it looks like the gun fired but no bullets are involved. Often the trigger/hammer action advances the tape so ideally several caps can be popped in succession with repeated trigger pulls...like a pistol. It's even less explosive than those firework "poppers" people can throw on the ground to produce a tiny crack.
Real guns loaded with blanks: usually only used in movies where a gun gets close-ups or you can see down the barrel. A live stage play is likely always going to fake the gunshots or use starter pistols or functioning replica guns with the barrel plugged.
Usually in a stage play with guns, most everyone will carry a non-functional prop gun and the gunfire will be a sound effect. If an actor is going to fire a blank from a starter's pistol or a real gun, they usually carry the fake/prop/replica gun for safety and then swap it for the ready-to-fire one from the prop-master/weapon supervisor right before the scene so the actor is not needing to take special care carrying a gun loaded with blanks through the entire show while acting until the gun will be fired. In my theatrical experience, there is usually ONE person offstage who is allowed to handle any firearm, they will check it with the actor during setup, and do all the safety checks right before the actor accepts it to fire in the show - they actor may or may not have time to do a similar check - but this is why you usually eschew using a real gun in a stage play. The other stage rule is you do not aim any gun - prop, fake, real, or otherwise - directly at another person. If blocking requires you point a gun at someone, it is usually staged so the shooter can "cheat" the gun and actually aim up-stage of the person, so when the gun is fired...even if it is a starter's pistol...it won't throw any blank debris or sparks at anyone. Even if a blank is loaded, it can throw anything that happens to be in the barrel out. And this is enforced even with fake and non-functional stage guns to build good safety habits.
In a long running stage show, you are never ever going to have real bullets on the premises and everyone trusts that. There's no reason.
In a *movie* the logistics are different. In a gun-focused action movie or western there are going to be all kinds of guns, often in closeup, and often they will be fired on camera. They might do a similar thing - fake replica guns for safety when not fired, but in a gunfight scene with everyone shooting, it's cheaper and less hassle to use actual guns and blanks rather than CGI - the blanks create flashes and smoke in camera, the actors respond realistically to recoil and the gun action - they're not just lifting their wrist and thinking "bang". Ideally, everything is blanks and there are no real bullets. However, there are "hero" fake bullets - blanks do not look like real bullets since they don't have the projectile. So in a scene where someone *loads* a gun, they use "hero bullets" - these are complete fake bullets with a projectile but no gunpowder, so even if the hammer in a gun hits them, they do nothing.
A "hero bullet" mishap was what happened with Brandon Lee on the set of THE CROW: They did a scene of someone loading fake hero bullets. Since it was a low-budget movie, the weapon crew were creating their own "hero" bullets by emptying the gunpowder out of real-bullets and clamping the projectile back onto the empty casing. Apparently one of the projectiles came apart from the casing and was left lodged in the barrel when they emptied the hero bullets after a scene and nobody noticed one of them was broken. Then when the gun was loaded with blanks (gunpowder but no projectile) it basically formed an actual bullet. When the blank went off, it shot the projectile that was still lodged in the barrel and hit Brandon Lee, tragically causing his death.
With RUST, it sounds like there was a lot of set misbehavior and a casual lack of care from the weapon master. We're like "why were there bullets on set?" They were likely taking shortcuts - using real bullets instead of bothering with fake hero bullets for loading. There are unconfirmed rumors that during long idle hours waiting for setups, the crew would play around target shooting bottles and cans using real bullets and the same guns they and the actors were handling, and due to this carelessness I can only imagine one of the real bullets wasn't removed after a target shooting or test-firing session and that slipped the attention of the weapon master or whomever was in charge with tragic results.
Walleye
(34,927 posts)You know Americans, particularly boys have to play with their guns.
exboyfil
(17,921 posts)Draw your own conclusion
Walleye
(34,927 posts)Bev54
(11,881 posts)from the defense.
exboyfil
(17,921 posts)You would think so given it was prosecutorial misconduct.
Bev54
(11,881 posts)Kali
(55,685 posts)she was a bit of a mess, but so was the whole set. Baldwin isn't entirely innocent. It was an accident but he was a producer and had some responsibility for conditions on set, who was hired, etc.
NutmegYankee
(16,300 posts)Civil tort, oh yeah! But criminal was a long shot, if ever attainable.
Kali
(55,685 posts)since LE and prosecution fucked up.
pnwmom
(109,464 posts)and even hid it behind a different case number.
Zilli
(284 posts)Arrived at the scene with a theory and did what was needed to bring charges. Withholding evidence is the way of things now and I wonder if there will be consequences for law enforcement and prosecutors. I'm guessing nothing will be done to protect the rights of the unfortunate individuals who happen to encounter this police force.
pnwmom
(109,464 posts)CRIMINALLY liable. It will be up to another jury to see if he should be held civilly liable.
Upthevibe
(9,019 posts)This has been my thinking as well. However, I didn't know there there was misconduct by the prosecutors.
Also, I now think that entire protocols and procedures will be completely overhauled for the better.
Kali
(55,685 posts)if you are into court procedure at all, I highly recommend watching yesterday's proceedings! I like watching with Emily D. Baker, she is super knowledgeable and hilarious but there are lots of others as well as feeds with little to no commentary.
Karma13612
(4,668 posts)Going on when they werent filming.
When the crew was bored, they went out into the desert and shot up the place.
The armorer was totally negligent and has already been convicted.
Someone got a bee in their bonnet over Alec. I happen to agree* that this might have been a set up. MAGAs hated him mocking Trump for years on SNL. They knew that even if Alec didnt get convicted for anything that he has to live with this horrendous debacle for the rest of his life.
He knows that the director died by him pulling the trigger. I remember seeing pictures of him on the phone with someone RIGHT after it happened. He was positively destroyed.
No one won in reality. But at least Alec has been released to live out his days with no more legal troubles over this.
*I dont often buy into conspiracies. But this whole thing seemed to be just a bit off to me.
Mark.b
(36 posts)GB_RN
(3,105 posts)Thats why movies have armorers, who are supposed to be the experts and ensure the safety of the entire cast/crew. Every time there are weapons/firearms on a set, the actor(s) cannot reasonably be expected to be experts in said weapons (firearms in this case) and know whether they have a realistic prop in their hands, or the real thing.
IbogaProject
(3,519 posts)An actual gun should never been pointed at the human cinematographer no matter the prop bullet issue. I'm OK w him being aquited, as that is our system. But I will still revile him for using non union personel and not stopping the target practice w set guns.
ArkansasDemocrat1
(3,167 posts)Edit, I see my suspicions echoed elsewhere here. Hope he sues the prosecutor for his duplicity.
Ligyron
(7,843 posts)"Here's our chance to put a librul Demarat in jail"
et tu
(1,868 posts)my assessment from day 1.
Mr. Mustard 2023
(230 posts)In a just system, the prosecutor and team who hid the evidence would be fired, disbarred and charged with crimes.
I hope Alex Baldwin comes after the prosecutors and team who withheld evidence.
ArkansasDemocrat1
(3,167 posts)Bankrupt their asses. Make them pay for their abuse.
ArkansasDemocrat1
(3,167 posts)How many multi-million dollar roles did this cost him and how many in the future? Bankrupt them down to fighting with knives for the last cardboard box under a Hollywood freeway bridge.
OMGWTF
(4,390 posts)SheilaAnn
(10,078 posts)Renew Deal
(82,848 posts)Last edited Fri Jul 12, 2024, 09:25 PM - Edit history (1)
The guy that turned in the evidence was former police.
SheilaAnn
(10,078 posts)Kali
(55,685 posts)though ultimately it is the prosecution's responsibility
Karma13612
(4,668 posts)The PD investigator was told by his/her superior in the PD to log the live rounds discovered on set, under a DIFFERENT case number from the one assigned for the shooting incident.
Therefore, when the defense got all the case information and evidence to build their case, they did NOT have the information on the live rounds retrieved from various locations on the set. That meant potentially exculpatory evidence hidden from the defense. Huge no no.
Case dismissed.
twodogsbarking
(12,188 posts)50 Shades Of Blue
(10,867 posts)BootinUp
(48,769 posts)In this result. Imho.
gfwzig
(143 posts)If it had been Clint Eastwood, Ronald Raygun, or John Wayne they would have been applauded by the Radical Right News Media for standing up for the 2nd.
niyad
(119,313 posts)BlueKota
(3,382 posts)He didn't know it was live ammo. Seems like someone was trying to cover up for the prop guy.
50 Shades Of Blue
(10,867 posts)Dave Bowman
(3,490 posts)JoseBalow
(4,884 posts)ArkansasDemocrat1
(3,167 posts)Fear is the Mind-Killer, right? Fear and anger make us all stupid. We (as in a collective 'we', I still had Joe's back, unlike a lot of you) proved that last month.
Keep giving him things to fear, and he'll keep busy staying stupid because his mind is drowning in fear juice.
OMGWTF
(4,390 posts)Tumbulu
(6,433 posts)Does it mean that it cannot be retried?
And the real question, is why did this company send live ammo mixed in with the blanks?
And will this mean that the armorer will be retried, or released?
JustABozoOnThisBus
(23,735 posts)I don't know where the live rounds came from. I doubt that they were "mixed in" with the blanks that were supplied from the ammunition source. Somebody brought them onto the set, probably to shoot at cans during the down times.
If the armorer put live rounds into the gun, she can sit in jail. It's usually easy to tell a live round from a blank: one has a bullet, the other doesn't.
exboyfil
(17,921 posts)But still every round is supposed to be shaken for BBs or have a hole in the side. She didn't do her job.
Tumbulu
(6,433 posts)liberalmediaaddict
(917 posts)That the judge's dismissal "with prejudice" means Baldwin can't be charged again.
Hopefully this dismissal puts an end to this charade and Baldwin can move on with his life.
catbyte
(35,652 posts)Ocelot II
(120,110 posts)double jeopardy attaches, meaning he can't be tried again. The judge decided that the prosecution's failure to turn over evidence favorable to Baldwin per a Brady demand made a fair trial impossible.
Tumbulu
(6,433 posts)AllaN01Bear
(22,913 posts)Zambero
(9,673 posts)If not dismissed on the basis of questionable evidence, I would have been very surprised if the jury had rendered a verdict other than not guilty.
Rocknation
(44,874 posts)Last edited Fri Jul 12, 2024, 10:59 PM - Edit history (7)
if it was true that he'd hired the armorer. But if it's true that it was the armorer who put the live bullets in the gun, and/or told Baldwin that the bullets she'd put in were not live, he cannot be CRIMINALLY liable.
Indeed, that was so obvious to me, it was enough to get me wondering if this was all in retaliation for his anti-Trump antics.
Rocknation
Raftergirl
(1,367 posts)and this was one of the wildest days in court I have ever seen.
One of the prosecutors quit in the middle of the day, LEOs screwed up badly, and then the lead Prosecutor insisted on taking the stand! It was mind blowing.
It was a Brady violation and once that was revealed to the Court through prosecution witnesses who took the stand during the motion hearing it was all over. Dismissal with prejudice was the only remedy.
Xolodno
(6,654 posts)CYA
Short for....
Cover.Your.Ass.
Raftergirl
(1,367 posts)It was her ethical and moral obligation to advocate for the State to dismiss the case (she only found out about this evidence when the defense did yesterday.) When the lead prosecutor disagreed she resigned from the case. Then the lead prosecutor on the stand said she resigned because she didnt think the motion hearing should be public, so she lied under oath on the stand, too.
Jacson6
(681 posts)sanduca
(56 posts)It's about time!👏🏼👏🏼👏🏼👏🏼
liberalla
(9,907 posts)So glad it was dismissed with prejudice!
Renew Deal
(82,848 posts)Prosecutors made arguments about responsible gun owners, but it wasnt Baldwins gun. My understanding is that the new evidence also impacts the armorers situation.
Kali
(55,685 posts)her attorney knew about it and didn't want to use it in her trial. he is the one that likely told (per mutual defense agreement) Baldwin's team about it.
pnwmom
(109,464 posts)that he would tell the Baldwin team about it if he didn't want to use it himself.
Anyway, the reporting today is that her attorney is going to use this to argue for her case to be dismissed, too.
Kali
(55,685 posts)at least that was the comment made in court yesterday during some of the insanity. also it was not actually in sheriffs' hands until late or after her trial and it was provided by a witness from her side that Bowles decided not to call either.
I'm sure they will try to use anything they can to win her appeal, not sure this will work but it might. especially if they can find anything else. they fucked up and released convos between her and attorney early on too so the additions of more fuck ups might help, if not the actual facts.
sl8
(16,223 posts)Kali
(55,685 posts)not sure it will go anywhere, but might.
moniss
(5,451 posts)likely absolutely heartbroken. Seemed like ever since the tragic accident he had a jag on for Baldwin.
Old Crank
(4,532 posts)This is law school 101. Can he now sue?
Prairie Gates
(2,664 posts)evidentiary value of the withheld materials. It's the surest sign that they withheld the material purposefully because they knew it was exculpatory.
exboyfil
(17,921 posts)It is stupid not to turn over everything. The more you turn over, the more the defense has to go through it in preparation for trial.
SamKnause
(13,759 posts)He should never have been charged.
MrWowWow
(257 posts)-Way overdue!
Woodwizard
(967 posts)A woman died from incredible negligence on set and that just does not seem to matter.
RandiFan1290
(6,367 posts)Woodwizard
(967 posts)I am a lifelong democrat, Veteran and member on our local Democratic committee.
Who is YOU GUYS.
A woman died nobody gives a crap. If this had been another situation with someone not on "OUR" team the thread would be very very different.
He hired non union labor and got what he paid for and a woman died and that is your response. Send that over to her family OK?
Paladin
(28,717 posts)Elessar Zappa
(15,462 posts)Prosecutorial misconduct cannot be allowed, it undermines the entire justice system.
oldsoftie
(13,503 posts)Yes, he's the producer. But the person who armed the weapon with live rounds is the responsible person because she IS an amorer not just some random woman. And actors generally dont check the ammo in their weapons. Ever seen a Joh Wick movie? It would be impossible.
But a CIVIL suit may reach a different conclusion.
Woodwizard
(967 posts)People had quit the set for it being unprofessionally run the warnings were there, It is what it is, the gleefulness on here is disturbing to me.
Kaleva
(37,929 posts)With real guns and live ammo
I wonder what training Alec Baldwin got. A basic 8 hr course on handgun safety ought to be a minimum.
Jk23
(266 posts)And in reality, even that is a stretch. Not every death requires vengeance, accidents happen.
Sucha NastyWoman
(2,886 posts)Conservatives wont like this.
The Wizard
(12,821 posts)to burnish his creds with the bribing class.
GiqueCee
(1,278 posts)... someone will ask if Seth Kenney is a Trump supporter. We've already seen what kind of horrific crimes they'll commit in defense of their Dear Leader; just look at January 6th, 2021. And you can bet that the sheriff's department is crawling with Trump-humpers who wouldn't hesitate to fuck over the guy who made fun of their hero on Saturday Night Live. We already know how Diaper Don HATES to be the subject of ridicule.
But the rumors of idiotic horseplay with live rounds on the set are especially disturbing. When I handled a gun on set, I was given the weapon just before the camera rolled, and surrendered it immediately after the scene was completed. No one had a gun in their hands if they weren't on camera. Ever. This was a direct-to-DVD movie, not a big budget film, and I was just a featured extra, but they were rigidly careful and attentive to safety with every aspect of handling firearms on a movie set, especially when live rounds were used in one scene.
Many have harped on the fact that Baldwin was the producer. No, he was only one of eight producers, and was likely assigned only minimal responsibilities, since he was also the star.
Serious questions remain to be answered.
InAbLuEsTaTe
(24,515 posts)moonshinegnomie
(2,903 posts)they intentionally withheld evidence. lock them up for the same length of time baldwin would have been if he was convicted
keithbvadu2
(39,829 posts)And then be given a large cash donation with no ethics/corruption problems thanks to the Supreme Court?
pnwmom
(109,464 posts)This has been a concern all along with Cannon.
Sneederbunk
(15,002 posts)BrightKnight
(3,675 posts)Is at all unusual. Also, actors do a lot of things to prepare for a shoot. I can show you countless westerns with spinning hand guns and other things that would never be okay in the real world.
The real question is how live rounds got there and why a prosecutor that had political issues with him would hide evidence.
exboyfil
(17,921 posts)You can't tell me they are practicing gun safety all the time with guns capable of firing blanks (which means they are capable of firing live rounds). Maybe the only guns ever held on individuals are non-functional replicas, but I have my doubts.
What Baldwin the actor was being asked to do was inherently dangerous when using a weapon capable of firing live rounds (or even blanks). He was asked to draw and pull the hammer back on the revolver while pointing at the camera. He isn't going to practice firearm safety in that case (ie placing his finger outside the trigger guard because how realistic is that). Cops really don't even do that all the time and they aren't required to pull a hammer back (seems it would be a bit awkward even).
Questions that were never pursued:
1. Who decided to use a real firearm instead of a replica for this scene. The armorer knew the scene didn't involve firing a blank so why did she allow a real gun to be used instead of a replica?
2. How much different would it have been if the armorer had actually been in the building at the time. Apparently she was not in there because of Covid protocols. Would Baldwin have been able to tell any better than her or the AD that one of the rounds was not a dummy but an actual round (once in the revolver the only way to tell is to verify that a primer is not in place or the primer has already been used (dented)). I really question if every actor is standing next to the armorer also inspecting the rounds to ensure they are dummies when they are loaded into the revolver. Maybe I am wrong on this.
3. How did live rounds get sprinkled throughout the set (in gun belts, on the armorer's cart, and in the boxes of dummies)? The industry standards for firearm safety really involve ensuring that blanks are never fired toward individuals or equipment. They recognize that guns are going to be pointed at both when not firing blanks. The lines of defense for ensuring that live rounds are not present along with the dummies is a. To ban live rounds from ever being on a set. b. The armorer inspecting every round prior to loading a weapon. c. The Assistant Director also verifying that every round that was loaded did not have a functioning primer. d. The loading and inspection is done in the presence of the actor according to industry standards (which wasn't done in this case).
dai13sy
(466 posts)What a giant relief that the truth has reared it's gorgeous head. While everyone else is trashing their own Karma, Mr. Baldwin was making sure they found the truth. This is how it should be. Lady Justice has won again!