Alec Baldwin fired prop gun, killing 1 on movie set, Oct 2021 #5

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deugirtni said:
To me that seems like someone (the author of this article?) is trying to keep the pot stirred, keep it looking like AB is uncooperative, etc. It was reported back in January that the authorities were in possession of AB's phone. I would think the phone 'records' would come from the phone provider, by way of a warrant. I wouldn't think they'd rely on AB to provide phone records. So it seems it's on themselves if the phone records still aren't reviewed? Hate all the fake news, everywhere, not just in this case. imo.

From an article dated January 14, 2022:

The Santa Fe District Attorney's Office told ABC News Friday it now has the actor's cellphone.

abcnews.go.com

Alec Baldwin turns over cellphone in investigation of fatal 'Rust' shooting: DA

Alec Baldwin has turned over his cellphone as part of the investigation into the fatal "Rust" shooting.
abcnews.go.com abcnews.go.com
Click to expand...

I think he made them wait almost 6 weeks before he turned the phone over. I could be mistaken though.
 
Luna20 said:
I think he made them wait almost 6 weeks before he turned the phone over. I could be mistaken though.
Click to expand...
IIRC, he was waiting for correct procedure, or warrant, or whatever, but my point is that he did hand over his phone, and at least seven months ago. So why is there a new article seeming to make issue with not having the phone 'records', and why *don't* they have the phone records, since that's on themselves to obtain those, they don't need AB's permission, cooperation, etc. to get those. I would hope that if they thought it pertinent to the case, they would've had those in hand soon after the shooting.
 
deugirtni said:
IIRC, he was waiting for correct procedure, or warrant, or whatever, but my point is that he did hand over his phone, and at least seven months ago. So why is there a new article seeming to make issue with not having the phone 'records', and why *don't* they have the phone records, since that's on themselves to obtain those, they don't need AB's permission, cooperation, etc. to get those. I would hope that if they thought it pertinent to the case, they would've had those in hand soon after the shooting.
Click to expand...

The information in your phone record is private by contract -- your contract with your service provider. AB could release those phone records to LE OR AB/AB's lawyers could request a search warrant.

Now LE has to collect what they know, write that up, and send that information through appropriate channels to a judge for signature. Once signed, the warrant can be delivered to the phone carrier which eventually provides the records.

Now if the phone company's lawyers don't like the wording of the search warrant, decide that the sending jurisdiction's search warrant wording/protocol does not match those of their jurisdiction, something like that -- they can send back a legal response & wait for another search warrant.

Not a lawyer, but I think that is what we're seeing here.

IDK if we have a New York contract attorney posting here???

jmho ymmv lrr
 
I would urge caution in drawing conclusions about the FBI report until the full text has been released. There are hints in both the ABC and Daily Beast reports (see below) that the FBI did not test the actual weapon used but rather one of the same model. If that is the case, then we have another mystery: who has the gun?

www.thedailybeast.com

FBI Forensic Report Concludes That Alec Baldwin May Have Pulled Trigger in 'Rust' Shooting

The FBI forensic report is part of a criminal investigation into the October 2021 movie set shooting.
www.thedailybeast.com
 
If we are to believe AB's story that he never pulled the trigger on the gun then it's means someone loaded live ammunition into a malfunctioning firearm. That's too much to be accidental to me. JMO.
 
deugirtni said:
To me that seems like someone (the author of this article?) is trying to keep the pot stirred, keep it looking like AB is uncooperative, etc. It was reported back in January that the authorities were in possession of AB's phone. I would think the phone 'records' would come from the phone provider, by way of a warrant. I wouldn't think they'd rely on AB to provide phone records. So it seems it's on themselves if the phone records still aren't reviewed? Hate all the fake news, everywhere, not just in this case. imo.

From an article dated January 14, 2022:

The Santa Fe District Attorney's Office told ABC News Friday it now has the actor's cellphone.

abcnews.go.com

Alec Baldwin turns over cellphone in investigation of fatal 'Rust' shooting: DA

Alec Baldwin has turned over his cellphone as part of the investigation into the fatal "Rust" shooting.
abcnews.go.com abcnews.go.com
Click to expand...

The thing is, even if they have a mirror from iCloud, they want the actual mirror of the iPhone because that will reveal whether Mr Baldwin tried to destroy evidence.

For example, I think investigators know that Alec reached out to the crew members he felt were not being traitorous and got many of them to sign a letter (it's unknown who wrote it - sounds like Alec's lawyers did). The letter said that the set of Rust was safe.

Meanwhile, there were texts (possibly to Alec) that were from several different people (nearly the entire camera crew) saying it was unsafe and citing the two earlier gun discharges. There could be other evidence, we don't know.

But if he erased it from his physical phone, but the FBI knows he sent/received something via other records, it will be a serious and added charge if he systematically deleted emails related to the Rust shooting.

That's why they want his phone. It could show mens rea (evidence of a guilty mind).
 
DI_Isokawa said:
I would urge caution in drawing conclusions about the FBI report until the full text has been released. There are hints in both the ABC and Daily Beast reports (see below) that the FBI did not test the actual weapon used but rather one of the same model. If that is the case, then we have another mystery: who has the gun?

www.thedailybeast.com

FBI Forensic Report Concludes That Alec Baldwin May Have Pulled Trigger in 'Rust' Shooting

The FBI forensic report is part of a criminal investigation into the October 2021 movie set shooting.
www.thedailybeast.com
Click to expand...

What are those hints? I missed them. The gun was said to be with the FBI for ballistics and other testing. What makes you think they didn't get the gun? That would be huge.
 
I can't figure out what AB's lawyer means by this statement. It sure doesn't align with other reports about the content of the FBI forensic report on the gun used in this case.
"The FBI report is being misconstrued," the statement continued. "The gun fired in testing only one time -- without having to pull the trigger -- when the hammer was pulled back and the gun broke in two different places. The FBI was unable to fire the gun in any prior test, even when pulling the trigger, because it was in such poor condition."
Click to expand...
The gun was in such poor condition that it was unable to fire in any prior test but it did fire and kill Halyna Hutchins on the set of "Rust" according to AB's lawyer.

I would like to read the FBI report on this gun and see which parts were broken that allowed them to say the gun could only fire when the trigger was pulled but at the same time make it not fire at all according to the lawyer. JMO.

abcnews.go.com

What forensic testing reveals about revolver in on-set 'Rust' shooting

The FBI conducted accidental discharge testing on the firearm used in the shooting.
abcnews.go.com abcnews.go.com
 
10ofRods said:
What are those hints? I missed them. The gun was said to be with the FBI for ballistics and other testing. What makes you think they didn't get the gun? That would be huge.
Click to expand...
From ABC News:

With the hammer fully cocked, the gun "could not be made to fire without a pull of the trigger while the working internal components were intact and functional," the report stated.

Why the disclaimer if they had the actual weapon?

From The Daily Beast:

It is not immediately clear whether the gun used in the FBI’s report was the exact gun used during the shooting or a similar type.

Again, let's wait and see what the report actually says.
 
DI_Isokawa said:
I would urge caution in drawing conclusions about the FBI report until the full text has been released. There are hints in both the ABC and Daily Beast reports (see below) that the FBI did not test the actual weapon used but rather one of the same model. If that is the case, then we have another mystery: who has the gun?

www.thedailybeast.com

FBI Forensic Report Concludes That Alec Baldwin May Have Pulled Trigger in 'Rust' Shooting

The FBI forensic report is part of a criminal investigation into the October 2021 movie set shooting.
www.thedailybeast.com
Click to expand...
Why would the FBI test any gun except the gun used in this shooting? That would make no sense and as quirky as the FBI has become, I would not expect them to make that kind of a mistake.
 
DI_Isokawa said:
More from the Washington Post:


According to this, the weapon broke during the testing.
Click to expand...
LOL. I spoke too soon about the FBI just being quirky these days.

I'd like to read the report in its entirety since that quote about the gun breaking during testing seems awkward. A trigger sear fracturing on a single action revolver is pretty unusual.

IIRC earlier reports said this was a newer gun, recently manufactured by Pietta. Something seems off.
 
The report notes that during testing, “portions of the trigger sear and cylinder stop fractured while the hammer was struck” which resulted in “the only successful discharge during this testing and it was attributed to the fracture of internal components, not the failure of the firearm or safety mechanisms.”
Click to expand...
So the FBI decided it would be a good idea to hit the hammer with something and with enough force to break internal components. Strange way to test the gun since it is not claimed by AB that he dropped the gun or hit the hammer with something. JMO.

 
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