Helpful summary in the NYT of the legal issues and challenges facing NM prosecutors in the Baldwin case. Again, unless they have some surprise evidence that Baldwin either planted the live rounds himself, or knew there were live rounds and used the prop gun anyway, this seems like an instance of overcharging.
===== “If the case reaches trial, the challenge prosecutors face will be convincing a jury that Baldwin was guilty of either the negligent use of a firearm or of acting with “total disregard or indifference for the safety of others” — even though investigators found he was told on the day of the shooting that the gun he was rehearsing with contained no live rounds, and even though the film set was not supposed to have any live ammunition at all… The outcome of the case at trial — the State of New Mexico vs. Alexander (Alec) Rae Baldwin — would hinge on how jurors view two key questions: Should Baldwin have known of the danger involved in his actions that day? And, using a term of art in criminal law, did he act with a “willful disregard for the safety of others”? “I think it’s an uphill battle,” said Steve Aarons, a veteran defense lawyer in New Mexico. “There is no reason for live rounds to be there. It’s a little different than other situations where you have a firearm and you assume any bullet that is there would be a live round.”… But the prosecutors will probably take the straightforward position that anyone who agrees to handle a gun is responsible for what happens next, said Joshua Kastenberg, a criminal law professor at the University of New Mexico and a former prosecutor… The new case, said Marc A. Grano, a lawyer and former prosecutor in New Mexico, will most likely become a back-and-forth over what is “standard practice” in the film and TV industry, a battle that may include conflicting opinions and examples. After the original criminal case was brought against Baldwin last year, the Screen Actors Guild-American Federation of Television and Radio Artists, the union representing film and TV actors, opposed the prosecutors’ contention that actors were responsible for ensuring that the guns they were handed on set were safe to handle, saying, “an actor’s job is not to be a firearms or weapons expert.” https://news.yahoo.com/legal-center-alec-baldwin-criminal-153342056.html Sent from Gmail Mobile On Fri, 19 Jan 2024 at 5:14 PM PGage <[email protected]> wrote: > As I have said all along, it does not seem they have evidence he acted > criminally in handling the gun. As you say, he may well have substantial > civil responsibility as a producer. > > Sent from Gmail Mobile > > > On Fri, 19 Jan 2024 at 3:35 PM Kevin M. <[email protected]> wrote: > >> I’m sure his lawyers will somehow weasel him out of this one, but he >> should be held to account for his culpability as producer. >> >> Kevin M. (RPCV) >> >> >> On Fri, Jan 19, 2024 at 12:41 PM PGage <[email protected]> wrote: >> >>> >>> “SANTA FE, N.M. (AP) — A grand jury indicted Alec Baldwin on Friday on >>> an involuntary manslaughter charge in a 2021 fatal shooting during a >>> rehearsal on a movie set in New Mexico, reviving a dormant case against the >>> actor. >>> >>> Special prosecutors brought the case before a grand jury in Santa Fe >>> this week, months after receiving a new analysis of the gun that was used. >>> They declined to answer questions after spending about a day and a half >>> presenting their case to the grand jury. >>> >>> Defense attorneys for Baldwin indicated they’ll fight the charges. >>> >>> “We look forward to our day in court,” said Luke Nikas and Alex Spiro, >>> defense attorneys for Baldwin, in an email. >>> >>> While the proceeding is shrouded in secrecy, two of the witnesses seen >>> at the courthouse included crew members — one who was present when the >>> fatal shot was fired and another who had walked off the set the day before >>> due to safety concerns….” >>> >>> >>> https://apnews.com/article/59e437602146168ced27fd8e03acb636 >>> >>> Sent from Gmail Mobile >>> >>> -- >>> You received this message because you are subscribed to the Google >>> Groups "TVorNotTV" group. >>> To unsubscribe from this group and stop receiving emails from it, send >>> an email to [email protected]. >>> To view this discussion on the web visit >>> https://groups.google.com/d/msgid/tvornottv/CAKGtkYLhYQe15A9na5XBZPHXaWVA5MiUgqD15MLaan8c29vvwA%40mail.gmail.com >>> <https://groups.google.com/d/msgid/tvornottv/CAKGtkYLhYQe15A9na5XBZPHXaWVA5MiUgqD15MLaan8c29vvwA%40mail.gmail.com?utm_medium=email&utm_source=footer> >>> . >>> >> -- >> You received this message because you are subscribed to the Google Groups >> "TVorNotTV" group. >> To unsubscribe from this group and stop receiving emails from it, send an >> email to [email protected]. >> To view this discussion on the web visit >> https://groups.google.com/d/msgid/tvornottv/CAKgmY4D6Q%3DohnFOcM68nxAGvek3KNNa8ho9uBVGad8z%3Dt3PcHw%40mail.gmail.com >> <https://groups.google.com/d/msgid/tvornottv/CAKgmY4D6Q%3DohnFOcM68nxAGvek3KNNa8ho9uBVGad8z%3Dt3PcHw%40mail.gmail.com?utm_medium=email&utm_source=footer> >> . >> > -- You received this message because you are subscribed to the Google Groups "TVorNotTV" group. 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