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

[SteveS]

YT Link to today's special prosecutor hearing

I was left with two takeaways from that:
1 The state will be able to have the DA or a special prosecutor handling its case at trial, but not both. (Again, the DA is trying to do something that the law does not allow -- this time it's in trying to have "DA plus special prosecutor.")
2 If the DA tries this case personally, she'd better have overwhelming evidence, because she has no chance against AB's lawyer if the decision hinges on having the better lawyer. She's out of her league. (There may be a legit case against AB for what he did, but if so, it sure looks unlikely for justice to be served. imo.)

 

[deugirtni]

YT Link to today's special prosecutor hearing

It seems Ms. Altwies may need some more schooling in reading comprehension based on her interpretation on a number of things recently. imo.

 

[CGray123]

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.

ITA. My thought about "independence" was more practical than hypothetical: independent of the political dynamics that have driven this prosecution.

If Mary Carmack-Altwies is smart (questionable?) she will see that she has dug herself a political and legal hole, and look for an attorney who will not be seen by the NM public and the commentariat as a politician or political crony, and who has an established history and consequent reputation for sound judgement, fairness, and professionalism (I'd recommend my dad, but he's happily retired).

If the special prosecutor secures a felonconviction, Carmack-Altwies can claim vindication in her decision to file, and the stink of an overreaching politicized prosecution will be mitigated.

Carmack-Altwies take a hit if the special prosecutor decides to deal or dismiss the case, but at least the outcome has a chance of satisfying the public's desire to see justice done after all the dodginess, and she will have a chance to tell the public, "I've learned from my mistakes." Better than riding the bomb to its destination...

All MOO.

 

[Betty P]

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

An independent prosecutor would be someone who doesn't have any conflicts of interest, who doesn't work for the state or county, etc. It seems a little late for that, though.

 

[10ofRods]

ITA. My thought about "independence" was more practical than hypothetical: independent of the political dynamics that have driven this prosecution.

If Mary Carmack-Altwies is smart (questionable?) she will see that she has dug herself a political and legal hole, and look for an attorney who will not be seen by the NM public and the commentariat as a politician or political crony, and who has an established history and consequent reputation for sound judgement, fairness, and professionalism (I'd recommend my dad, but he's happily retired).

If the special prosecutor secures a felonconviction, Carmack-Altwies can claim vindication in her decision to file, and the stink of an overreaching politicized prosecution will be mitigated.

Carmack-Altwies take a hit if the special prosecutor decides to deal or dismiss the case, but at least the outcome has a chance of satisfying the public's desire to see justice done after all the dodginess, and she will have a chance to tell the public, "I've learned from my mistakes." Better than riding the bomb to its destination...

All MOO.

That sounds great. But again, really hard to find. The environment around this case (and indeed, the politics of Santa Fe County, like many places) are polarized.

This person would need to be older and wiser, IMO. Maybe call someone from retirement that isn't associated with the current fracas.

IMO.

An independent prosecutor would be someone who doesn't have any conflicts of interest, who doesn't work for the state or county, etc. It

I agree - and that person would be very expensive and it would be highly controversial for a non-public contracted person to act on behalf of the State. And there's no way around the fact that this is the case of the State v. Alec Baldwin (whose attorneys know full well how to make nearly anyone look ridiculous if they try hard enough).

A high paid, worthy attorney would have to want to do it for peanuts and for...reasons of their own? Again, I think only a retiree could come close.

IMO.

seems a little late for that, though.

 

[ch_13]

And there's no way around the fact that this is the case of the State v. Alec Baldwin (whose attorneys know full well how to make nearly anyone look ridiculous if they try hard enough).

I can't really agree with this. State and federal prosecutors regularly convict famous and wealthy defendants with high-priced legal counsel, and they manage to do so without looking ridiculous.

It's the Santa Fe DA's office own missteps which has made them look foolish, like charging the defendants ex-post-facto and discussing how the case will help the prosecutor's legislative campaign.

Really, despite the DA's crack about 'big-city attorneys', I don't think AB's lawyers have gone above-and-beyond what any other competent defense counsel would have done in their position.

 

[DI_Isokawa]

DA bows out, two new prosecutors:

‘Rust’ Prosecution Gets New Lawyers as District Attorney Steps Away

First Judicial District Attorney Mary Carmack-Altwies will also remove herself from the prosecution.

www.hollywoodreporter.com

 

[al66pine]

Appoint a "Retired Attorney" as Special Prosecutor?
From post by @10ofRods, re appointing a new special prosecutor:
"This person would need to be older and wiser, IMO. Maybe call someone from retirement that isn't associated with the current fracas...
"A high paid, worthy attorney would have to want to do it for peanuts and for...reasons of their own? Again, I think only a retiree could come close...."
–__________________________________________

@10ofRods
Sounds like a good line of thought. One catch is finding someone like that.
The second is language of NM statute* --- the special prosecutor must be "a practicing member of the bar of this state."

From a quick scan of NM bar registration rules,** looks like even "inactive members" must pay dues, (maybe complete cont.'g ed too? IDK)
"Inactive" is one classification (maybe for out-of-state atty who does no law biz w ppl in NM, has no appearances in NM cts? IDK).

Fully retired, out of the profession altogether is another classification, requiring atty to submit notice of voluntary withdrawal to Board, etc. Yada. yada.
But the NM Rules have provisions for reinstating law license, describe the hoops to jump thru for a waiver, etc.

It's possible some hapless soul wants to leap back into the arena. IDK

__________________________________________
* "Each district attorney may, when he cannot prosecute a case for ethical reasons or other good cause, appoint to act as special assistant district attorney." *
"History: 1978 Comp., § 36-1-23.1, enacted by Laws 1984, ch. 109, § 2."
Universal Citation: NM Stat § 36-1-23.1 (2021)

** " All attorneys on active or on inactive status shall pay annual bar dues before the first day of January. See Rules 17-202 and 24-102 NMRA."

Bar Registration Fees and Bar Card | Supreme Court

supremecourt.nmcourts.gov

https://supremecourt.nmcourts.gov/wp-content/uploads/sites/3/2020/12/24-1021.pdf

https://supremecourt.nmcourts.gov/wp-content/uploads/sites/3/2020/12/17-2021.pdf

 

[SteveS]

Appoint a "Retired Attorney" as Special Prosecutor?
From post by @10ofRods, re appointing a new special prosecutor:
"This person would need to be older and wiser, IMO. Maybe call someone from retirement that isn't associated with the current fracas...
"A high paid, worthy attorney would have to want to do it for peanuts and for...reasons of their own? Again, I think only a retiree could come close...."
–__________________________________________

@10ofRods
Sounds like a good line of thought. One catch is finding someone like that.
The second is language of NM statute* --- the special prosecutor must be "a practicing member of the bar of this state."

From a quick scan of NM bar registration rules,** looks like even "inactive members" must pay dues, (maybe complete cont.'g ed too? IDK)
"Inactive" is one classification (maybe for out-of-state atty who does no law biz w ppl in NM, has no appearances in NM cts? IDK).

Fully retired, out of the profession altogether is another classification, requiring atty to submit notice of voluntary withdrawal to Board, etc. Yada. yada.
But the NM Rules have provisions for reinstating law license, describe the hoops to jump thru for a waiver, etc.

It's possible some hapless soul wants to leap back into the arena. IDK

__________________________________________
* "Each district attorney may, when he cannot prosecute a case for ethical reasons or other good cause, appoint to act as special assistant district attorney." *
"History: 1978 Comp., § 36-1-23.1, enacted by Laws 1984, ch. 109, § 2."
Universal Citation: NM Stat § 36-1-23.1 (2021)

** " All attorneys on active or on inactive status shall pay annual bar dues before the first day of January. See Rules 17-202 and 24-102 NMRA."

Bar Registration Fees and Bar Card | Supreme Court

supremecourt.nmcourts.gov

https://supremecourt.nmcourts.gov/wp-content/uploads/sites/3/2020/12/24-1021.pdf

https://supremecourt.nmcourts.gov/wp-content/uploads/sites/3/2020/12/17-2021.pdf

"Retired" is just a change in daily activity. It would be incredibly rare for an attorney to give up their law license when they decide to stop taking cases and serving clients.

Law licenses are a major bear of a hurdle to obtain, but fairly easy to retain. So once you have one, you hold onto it as long as you can. Even if an attorney is inactive, ie retired or otherwise going to stop taking cases for a period of time, with a license in their pocket they can still retain their ability to do things that only an attorney can do. And even if you think "never again," you still never know if/when you might need that license, in the twists and turns of life -- and attorneys tend to think in terms of consequences.

 

[10ofRods]

I can't really agree with this. State and federal prosecutors regularly convict famous and wealthy defendants with high-priced legal counsel, and they manage to do so without looking ridiculous.

It's the Santa Fe DA's office own missteps which has made them look foolish, like charging the defendants ex-post-facto and discussing how the case will help the prosecutor's legislative campaign.

Really, despite the DA's crack about 'big-city attorneys', I don't think AB's lawyers have gone above-and-beyond what any other competent defense counsel would have done in their position.

Did I say they didn't?

Santa Fe made some "missteps" as you call it, but this happens every day of the week in courts all across the US.

It's because this case involves a celebrity that we are here on WS, talking about it, IMO.

AB's lawyers get paid, on average $1000 an hour (and paralegals at that firm get $500 an hour - billed, not paid to them).

So yeah, they'd better go the extra mile.

IMO. Not surprising. One lawyer tried to estimate AB's legal fees and came up with a very high figure. I myself just figure that these lawyers do not come cheap. At all. IMO.

 

[10ofRods]

"Retired" is just a change in daily activity. It would be incredibly rare for an attorney to give up their law license when they decide to stop taking cases and serving clients.

Law licenses are a major bear of a hurdle to obtain, but fairly easy to retain. So once you have one, you hold onto it as long as you can. Even if an attorney is inactive, ie retired or otherwise going to stop taking cases for a period of time, with a license in their pocket they can still retain their ability to do things that only an attorney can do. And even if you think "never again," you still never know if/when you might need that license, in the twists and turns of life -- and attorneys tend to think in terms of consequences.

Exactly. What licenses I have (I'm about to retire) will remain active for as long as I live if my budget holds and I get my way. This is true of the lawyers, psychiatrists, psychologists and others that I work with.

Same is true for other licenses, of course, as well. Hold onto them. But an open-minded prosecutor is not a good prosecutor, as their job is to convict, not to do everything possible to blindfold themselves and hold the scales of Justice.

Imo. OTOH, I do see way more posts across the vast internet of people automatically blaming LE and DA's and whether they realize it or not, pushing the actual victims down in their priorities (not so much here on WS, thankfully). But the machinations people go through to consider some person "innocent" really amazes me.

You made my day with your characterization of retirement - because yep, I'm done. I'm retiring. I'm keeping my press pass, though, ha. And i get to be emeritus (means I have email and library access) at work.

Santa Fe County has only 150,000 people (about the size of the town I live in - and our court system encompasses about 1 million people, just in one county).

IMO.

 

[Cool Cats]

2 special prosecutors appointed in Alec Baldwin 'Rust' case after previous prosecutor steps down

Two attorneys were appointed special prosecutors Wednesday in the involuntary manslaughter case against actor Alec Baldwin, authorities said.

www.yahoo.com

Wed, March 29, 2023 at 8:01 PM EDT

Two attorneys were appointed special prosecutors Wednesday in the involuntary manslaughter case against actor Alec Baldwin after the previous special prosecutor resigned this month, authorities said.

New Mexico First Judicial District Attorney Mary Carmack-Altwies appointed attorneys Kari Morrissey and Jason Lewis to serve as special prosecutors, the prosecutor's office said in a statement.

“Morrissey’s and Lewis’ extensive experience and trial expertise will allow the state to pursue justice for Halyna Hutchins and ensure that in New Mexico everyone is held accountable under the law,” the statement said.

 

[sds71]

'Rust' set manager convicted in Alec Baldwin shooting case

Dave Halls, first assistant director on Western "Rust, was sentenced on Friday for the on-set shooting death of cinematographer Halyna Hutchins, marking the first conviction for the 2021 fatality which shook Hollywood.

www.reuters.com

 

[PrairieWind]

Hall gets 6 months unsupervised probation and $500 fine. A first time DUI gets more than that.

Why exactly did the DA need to appoint special prosecutors?

 

[Chelly]

Hall gets 6 months unsupervised probation and $500 fine. A first time DUI gets more than that.

Why exactly did the DA need to appoint special prosecutors?

I don't know if this is the answer, but Santa Fe's official name is "The City Different"

The Cultural Critic is your source for in-depth reviews on Theater, Music, Books, Art and Travel.

The Cultural Critic is your source for in-depth and honest reviews on theater, music, books, art and travel.

theculturalcritic.com

 

[Laughing]

I don't know if this is the answer, but Santa Fe's official name is "The City Different"

The Cultural Critic is your source for in-depth reviews on Theater, Music, Books, Art and Travel.

The Cultural Critic is your source for in-depth and honest reviews on theater, music, books, art and travel.

theculturalcritic.com

Well, slogan.

Santa Fe is the Spanish phrase for Holy Faith. The complete name of the city is La Villa Real de la Santa Fe de San Francisco de Asís, The City of the Holy Faith of St. Francis of Assissi.

You'll find the Cathedral of St. Francis, Church of the Holy Faith, and drive on St. Francis if you visit Santa Fe.

The "convention center" downtown -- was my Dad's high school.

I wanna attend this trial & visit my sisters, yep. Breakfast burritos....

 

[Dotta]

Baldwin is slammed for reposting Peter Frampton's gun control message

Alec Baldwin has been criticized on social media after reposting a message about gun control - after his own fatal shooting on the set of movie Rust.

www.dailymail.co.uk

 

[PrairieWind]

Well, slogan.

Santa Fe is the Spanish phrase for Holy Faith. The complete name of the city is La Villa Real de la Santa Fe de San Francisco de Asís, The City of the Holy Faith of St. Francis of Assissi.

You'll find the Cathedral of St. Francis, Church of the Holy Faith, and drive on St. Francis if you visit Santa Fe.

The "convention center" downtown -- was my Dad's high school.

I wanna attend this trial & visit my sisters, yep. Breakfast burritos....

You should probably just go see your sisters now. I don't think there is going to be a trial.

 

[DI_Isokawa]

Local coverage of the Halls case:

Safety coordinator for 'Rust' movie sentenced to 6 months unsupervised probation

"Rust" movie safety coordinator David Halls was sentenced to 6 months supervised probation in the fatal shooting of the film's cinematographer while actor Alec Baldwin held the gun.

www.abqjournal.com

Best quote from Halls' lawyer: “And we deny that it’s the role of the safety coordinator that he is in charge of safety.”

 

[Betty P]

'Rust' set manager convicted in Alec Baldwin shooting case

Dave Halls, first assistant director on Western "Rust, was sentenced on Friday for the on-set shooting death of cinematographer Halyna Hutchins, marking the first conviction for the 2021 fatality which shook Hollywood.

www.reuters.com

This sounds odd, doesn't make sense:

She said Halls was suffering from "survivor's guilt" after he only checked the gun for blank rounds, which make an explosive sound and muzzle flash, and dummy rounds - the two types of rounds used on film sets.

How do you check the ammunition in a theatrical gun by only looking at the "blank" rounds? By ignoring or skipping over the live round? This just doesn't make sense. One would think, in a theatrical prop setting, an AD would check all the rounds in the gun, because he would assume they are all blank rounds.

This is either a reporters error or Mr. Hall will have a lot of questions to answer on the witness stand when he's called.

JMO, he'll regret this decision in the future because it required him to plead guilty to a criminal charge in connection with a workplace accident in a theatrical production. Normally, criminal charges are not brought in that kind of case.

It also sounds like neither Hall nor HG will admit to handing off the theatrical gun while stating it was a "cold gun". If HG checked the gun and considered it safe, why wouldn't she say "cold gun"? Perhaps if she hadn't really checked it? So if she didn't say "cold gun" and Hall didn't check it and say "cold gun" per their job descriptions, how was it that Baldwin is being blamed for Hall and HG's stupidity and gross negligence? JMO

Both of them failed at their job, putting others lives at risk, but all they can do is lie, cop a plea and try to blame it on Baldwin, the one person who was not responsible for loading and checking the gun.