In Nevada, felony stupid can bring a second degree murder conviction. Sounds like that is what the New Mexico prosecutors want to prove
On Sun, Jan 21, 2024, 12:25 PM PGage <[email protected]> wrote: > 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. > 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/CAKGtkY%2B3KoEPFYB--kE4mSPpyB0Sz6-fYwP0wwXs38LtOye1Bw%40mail.gmail.com > <https://groups.google.com/d/msgid/tvornottv/CAKGtkY%2B3KoEPFYB--kE4mSPpyB0Sz6-fYwP0wwXs38LtOye1Bw%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/CAH5J8ywJJ61-m%3Dk3cpcEnfSigMzeq4OvcJY9jJUPHfSuC2Sckg%40mail.gmail.com.
