Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #6

[PrairieWind]

OSHA. Federal or State Agency?
Not sure if it's "Better Late Than Never" but pulled this explanation out from a draft folder I started, way back, when NM st. agency was investigating the Rust shooting, considering fines, etc. Conceivably relevant in upcoming crim proceedings, IDK.

Atty Hannah, speaking on behalf of the Rush Prod. Co., iirc, referred to OSHA instead of OSHB. I believe he misspoke.

OSHA (Admin) = fed agency part of US Dept of Labor cabinet.
OSHB = NM's state Occupational Safety & Health Bureau, part of NM's Environment Dept, cabinet level dept.

Okay. Got ^ it? So how did NM state OSHB enter fed. OSHA's sphere --- investigating Rust Prod. Co. set in NM; issuing citations; assessing penalties for workplace violations?

- Oversimplified: Fed . agency delegates work to some st's, pays them $ to operate program.
- Briefly: Fed. OSHA law authorizes state OSHA agency to operate workplace safety & health programs; to conduct workplace inspections & investigations; to issue citations; to assess penalties against employers. The state's programs must be at least as effective as fed. program. Fed pays up to 50% of st. program.
- Not so briefly: See * below

Fun fact of the day:
"According to a report by AFL–CIO, it would take OSHA 129 years to inspect all workplaces under its jurisdiction."**
______________________________________________
* The fed. agency.
"The OSHA Act covers most private sector employers in all 50 states... —either directly through federal OSHA or through an OSHA-approved state plan.
State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. Federal OSHA approves and monitors all state plans and provides as much as fifty percent of the funding for each program. State-run safety and health programs are required to be at least as effective as the federal OSHA program.
The following 22 states... have OSHA-approved state programs: ...New Mexico...[7]"

Occupational Safety and Health Administration - Wikipedia

en.wikipedia.org

** Wayback Machine
(from a 2011 pub., not vouching for current accuracy)

Yes OSHA issues are often initially investigated by state agencies at time. The same for other employment claims. Here, EEOC claims (which are federal in nature) some are first investigated by the state agency, and some by the feds. It is simply more efficient. I had a client that filed an EEOC claim that was handled by the federal route. It took almost two years before admitting they didn't have time to look at it and just issued her her right to sue letter. At the State level, they claims can reach and initial determination within just a couple months.

OSHA violations CAN be raised in a later criminal trial if relevant. But I am not entirely clear what the Prosecution's theory here is so I don't know if they could be mentioned in either case yet.

 

[DI_Isokawa]

Uh-oh ...

Ex-Prosecutor in ‘Rust’ Case Suggested Role ‘Might Help’ Her Campaign (Published 2023)

Andrea Reeb, part of the team that charged Alec Baldwin with manslaughter, wrote in an email in June that the case could help her campaign for the state legislature.

www.nytimes.com

 

[PrairieWind]

Uh-oh ...

Ex-Prosecutor in ‘Rust’ Case Suggested Role ‘Might Help’ Her Campaign (Published 2023)

Andrea Reeb, part of the team that charged Alec Baldwin with manslaughter, wrote in an email in June that the case could help her campaign for the state legislature.

www.nytimes.com

I can't read that since its behind the pay wall. But I would think the DA should at this point just consider giving a really good plea deal to both defendants and just get rid of this case.

 

[RANCH]

I can't read that since its behind the pay wall. But I would think the DA should at this point just consider giving a really good plea deal to both defendants and just get rid of this case.

I think they should just drop all charges at this point.

 

[Lexiintoronto]

Uh-oh ...

Ex-Prosecutor in ‘Rust’ Case Suggested Role ‘Might Help’ Her Campaign (Published 2023)

Andrea Reeb, part of the team that charged Alec Baldwin with manslaughter, wrote in an email in June that the case could help her campaign for the state legislature.

www.nytimes.com

Snipped from article:​

​

“Ex-Prosecutor in ‘Rust’ Case Suggested Role ‘Might Help’ Her Campaign​

Andrea Reeb, part of the team that charged Alec Baldwin with manslaughter, wrote in an email in June that the case could help her campaign for the state legislature.​

March 21, 2023, 3:11 p.m. ET

…Ms. Reeb, a former district attorney who was a Republican candidate for the state’s House of Representatives, wrote to Mary Carmack-Altwies, the Santa Fe County district attorney who chose her for the case, that she did not plan to inform the press about her appointment.
“At some point though,” Ms. Reeb went on in the email, “I’d at least like to get out there that I am assisting you … as it might help in my campaign lol.”…


….Correspondence between Ms. Reeb and Ms. Carmack-Altwies, which was released Tuesday in response to a request under the state’s Inspection of Public Records Act, shows that Ms. Reeb had discussed her legislative campaign early on in her work on the “Rust” case. On June 9, as Ms. Carmack-Altwies discussed with Ms. Reeb bringing her onto the case, Ms. Reeb wrote, “I also won’t talk to the press and will leave that all to you Mary.” Then she made the suggestion that an announcement might help her campaign.
In her response to Ms. Reeb’s email, Ms. Carmack-Altwies did not mention the campaign, but said, “I am intending to either introduce you or send it in a press release when we get the investigation!”
The district attorney’s office and Ms. Reeb did not immediately respond to requests for comment Tuesday.”

 

[Cool Cats]

Uh-oh ...

Ex-Prosecutor in ‘Rust’ Case Suggested Role ‘Might Help’ Her Campaign (Published 2023)

Andrea Reeb, part of the team that charged Alec Baldwin with manslaughter, wrote in an email in June that the case could help her campaign for the state legislature.

www.nytimes.com

“At some point though,” Ms. Reeb went on in the email, “I’d at least like to get out there that I am assisting you … as it might help in my campaign lol.”

How ironic that she thought this. It is because she won this election - had a successful campaign - that she was booted off Baldwin's case.

More and more it looks like charges were brought because of celebrity. Or at least such severe charges. Hall got the wrist slap.

 

[steeltowngirl]

“At some point though,” Ms. Reeb went on in the email, “I’d at least like to get out there that I am assisting you … as it might help in my campaign lol.”

How ironic that she thought this. It is because she won this election - had a successful campaign - that she was booted off Baldwin's case.

More and more it looks like charges were brought because of celebrity. Or at least such severe charges. Hall got the wrist slap.

I find Ms. Reeb’s comment beyond unprofessional. Not only are the defendants’ legal rights held in the balance, but Halyna is dead.

And she’s using it all as campaign fodder.
Disrespectful and disgusting.

jmo

 

[DI_Isokawa]

I think they should just drop all charges at this point.

Based on the DA's previous behavior, and the current political kerfuffle in NM about judges' leniency (primarily in not ordering pretrial detention), my bet is on a minimal effort on the part of the DA followed by a public posture of "the judge let them off."

 

[Cool Cats]

I find Ms. Reeb’s comment beyond unprofessional. Not only are the defendants’ legal rights held in the balance, but Halyna is dead.

And she’s using it all as campaign fodder.
Disrespectful and disgusting.

jmo

Your right, I was thinking of defendant's rights but it goes way beyond this.

This is about Halyna.

The fact that she is exploiting her death for gain is reprehensible.

The fact that she sees this as funny - note her LOL - is sick.

Now that her true character is coming out in public, I bet there are many voters who regret voting for her. I hope she loses her next election. And this comes on top of that other lady on the case slamming the defense for her own incompetence.

 

[deugirtni]

Here is the article without a paywall for any who haven't read the whole thing:

Ex-Prosecutor in ‘Rust’ Case Suggested Role ‘Might Help’ Her Campaign - Silk-News.com

When Andrea Reeb was hired last June as a prosecutor investigating the fatal shooting of a cinematographer on the set of the film “Rust,” she emailed the district attorney in charge of the case that an announcement of her role “might help” her campaign for a seat in the state legislature. Ms...

silk-news.com

 

[Betty P]

Your right, I was thinking of defendant's rights but it goes way beyond this.

This is about Halyna.

The fact that she is exploiting her death for gain is reprehensible.

The fact that she sees this as funny - note her LOL - is sick.

Now that her true character is coming out in public, I bet there are many voters who regret voting for her. I hope she loses her next election. And this comes on top of that other lady on the case slamming the defense for her own incompetence.

JMO, it creates chaos and damages public trust in the criminal justice system. That said, this happens everywhere these days.

 

[ch_13]

“At some point though,” Ms. Reeb went on in the email, “I’d at least like to get out there that I am assisting you … as it might help in my campaign lol.”

Regardless of the actual issues in this case, this quote right here illustrates exactly why legislators should not serve as prosecutors in criminal trials.

Would a politician/prosecutor be less likely to offer a plea deal in a notorious case because it would make them look soft on crime? Or maybe they would seek the death penalty because they are headed into a tough reelection campaign. There's so much potential for abuse, every state should prohibit it.

It's good that Reeb resigned, but in just her short time as the special prosecutor she may have already irredeemably tainted the case.

Edit - I know there's already plenty of room for abuse with the State Attorney General's office usually being an elected position (and many of them have their eye on the governor's chair). Still, at least voters are specifically choosing an AG for their competence as the overseer of the state's criminal justice system so their conduct in a criminal trial is relevant.

 

[RANCH]

New Mexico County District Attorney Offices​

New Mexico has 13 Judicial Districts for which there is a District Attorney elected for each one. These districts can represent more than one county as you can see below in the list of District Attorneys by district and the counties they represent.

In New Mexico the DA's are elected official's.

New Mexico District Attorneys - FindLaw

A District Attorney (DA) is the prosecuting officer of a criminal case (i.e., the official who represents the government in the prosecution of criminal offenses). Learn more about this and related topics by visiting FindLaw's Criminal Legal Help section.

www.findlaw.com

 

[DI_Isokawa]

Local coverage of the situation:

Alec Baldwin’s attorneys claim email sent by ex-prosecutor indicates political motive

Alec Baldwin's attorneys criticize a former special prosecutor in the "Rust" movie shooting case, suggesting she used the case to advance her political career.

www.abqjournal.com

 

[Cool Cats]

'Rust' armorer attempts to block special prosecutor's appointment

TAOS, New Mexico (Reuters) -The armorer charged in the New Mexico shooting death of "Rust" cinematographer Halyna Hutchins on Friday challenged the district attorney's plan to appoint a new special prosecutor in the case after the last one was forced to resign. Special prosecutor Andrea Reeb...

www.yahoo.com

Fri, March 24, 2023 at 8:18 PM EDT

TAOS, New Mexico (Reuters) -The armorer charged in the New Mexico shooting death of "Rust" cinematographer Halyna Hutchins on Friday challenged the district attorney's plan to appoint a new special prosecutor in the case after the last one was forced to resign.

Gutierrez-Reed's lawyer Jason Bowles on Friday filed a motion saying it was unlawful to appoint a special prosecutor because Santa Fe District Attorney Mary Carmack-Altwies, already a co-prosecutor, could handle the case. A hearing scheduled for Monday will consider the motion.

 

[Chelly]

• By Nathan Lederman nlederman@sfnewmexican.com
• Mar 24, 2023 Updated Mar 25, 2023
• 
  
• Defense and prosecution lawyers in the Rust shooting case will clash in court Monday over whether District Attorney Mary Carmack-Altwies can appoint another special prosecutor to assist her in the prosecution of Hannah Gutierrez-Reed and actor Alec Baldwin.

The hearing will be held virtually at 10 a.m. Monday. It will be livestreamed on the New Mexico Courts’ YouTube channel.

Prosecution, defense set to square off over 'Rust' special prosecutor

Lawyers for set armorer Hannah Gutierrez-Reed argue Carmack-Altwies does not have the authority to prosecute the Rust case while also appointing a special prosecutor.

www.santafenewmexican.com

 

[CGray123]

'Rust' armorer attempts to block special prosecutor's appointment

TAOS, New Mexico (Reuters) -The armorer charged in the New Mexico shooting death of "Rust" cinematographer Halyna Hutchins on Friday challenged the district attorney's plan to appoint a new special prosecutor in the case after the last one was forced to resign. Special prosecutor Andrea Reeb...

www.yahoo.com

Fri, March 24, 2023 at 8:18 PM EDT

TAOS, New Mexico (Reuters) -The armorer charged in the New Mexico shooting death of "Rust" cinematographer Halyna Hutchins on Friday challenged the district attorney's plan to appoint a new special prosecutor in the case after the last one was forced to resign.

Gutierrez-Reed's lawyer Jason Bowles on Friday filed a motion saying it was unlawful to appoint a special prosecutor because Santa Fe District Attorney Mary Carmack-Altwies, already a co-prosecutor, could handle the case. A hearing scheduled for Monday will consider the motion.

I don't see this as a smart move by Gutierrez-Reed's defense. The SFDA is already enmeshed in an obviously politicized prosecution and if she's the prosecutor, she must go to trial if only to vindicate her professional judgment and deflect political criticism.

Gutierrez-Reed's interests would best be served by a generous plea deal conditioned on her testimony against AB. Her only chance of that is a special prosecutor with truly independent judgment.

 

[deugirtni]

I don't see this as a smart move by Gutierrez-Reed's defense. The SFDA is already enmeshed in an obviously politicized prosecution and if she's the prosecutor, she must go to trial if only to vindicate her professional judgment and deflect political criticism.

Gutierrez-Reed's interests would best be served by a generous plea deal conditioned on her testimony against AB. Her only chance of that is a special prosecutor with truly independent judgment.

Somehow I don't see them hiring a truly independent thinking special prosecutor. imo.

 

[10ofRods]

Somehow I don't see them hiring a truly independent thinking special prosecutor. imo.

I'm not even sure what a truly independent thinking human might look like (is there one?) But especially not a prosecutor!

The goal of every prosecutor is to firmly commit to showing the guilt of the defendants, not to be a free or independent thinker, IMO.

I don't see many independent thinkers in my every day life, we're all bound by our own notions. But I'm curious - what kinds of things would people here like to see in the prosecutor for this case? I'd like to see some understanding about how movies are made, myself.

 

[Chelly]

YT Link to today's special prosecutor hearing