Adam H. Kerman <
ahk@chinet.com> wrote:
Adam H. Kerman <ahk@chinet.com> wrote:
Adam H. Kerman <ahk@chinet.com> wrote:
danny burstein <dannyb@panix.com> wrote:
[snip]
[twitter]
Elizabeth Wagmeister
@EWagmeister
BREAKING: Judge just threw out the case against Alec Baldwin in #Rust.
This has been a stunning turn of events as the case unraveled
in front of our eyes today amid the defense unveiling that
prosecutors hid evidence of bullets.
======
https://x.com/EWagmeister/status/1811884349727601020
(CNN correspondent)
Other posts say the dismissal was "with prejuidice"
The jury was seated. Double jeopardy applies. It was dismissed with >>>prejudice, which means charges cannot be refiled.
I am disgusted. This "evidence" wasn't from the crime scene but faked by >>>the father of the convicted armorer. I don't see what there was to >>>discover by the defense. For Baldwin's purposes, he wasn't on trial for >>>the bad acts of other people but his own bad act, the failure to check >>>for live ammunition.
In this video, a lawyer argues that I'm wrong.
https://www.youtube.com/watch?v=tNjfRd4VqTI
TMZ's report of the judge's ruling, blaming the dismissal on the >prosecution's bad act:
Alec Baldwin 'Rust' Judge Blasts Prosecution After Case Dismissal
Alec Baldwin 'Rust' Judge Blasts Prosecutors ... Misconduct Is
Egregious!!!
8/2/2024 5:39 PM PT >https://www.tmz.com/2024/08/02/alec-baldwin-rust-judge-blasts-prosecution/
The special prosecutor on the Alec Baldwin trial is really pissed that
charges were dismissed despite her failures during discovery, and
despite the resignation of an assistant special prosecutor when the
evidence that wasn't made available to the defense came to light.
According to lawyers who say that my original opinion that there was no
legal requirement to dismiss the case was wrong, it makes no difference
if the evidence could have been used to help Baldwin's case. Discovery
is discovery. All evidence -- exculpatory, inculpatory, irrelevant --
must be disclosed if it's related to the case.
After Hannah Guitierrez-Reid (the armorer on Rust who failed to properly perform her basic duties to keep the working gun secure and not loaded
with live ammunition) was convicted, her father, a well-known propmaster
and armorer himself, allegedly had a friend create evidence of other
rounds that may or may not have come from the set of Rust and present
them to police as if they had come from the set. The intent was to get Guitierrez-Reid a new trial. There's no way, even if the evidence
weren't false, it was exculpatory of Baldwin as he was charged based on
an act of criminal negligence, failure to check for live rounds and
knowing about how lax industrial hygiene was on the set that live rounds
had been brought to the set to fire off the replica antique weapons
between takes and that the working guns were not secured in the
propmaster's safe when unattended.
Baldwin was negligent based upon failure of duty of care. It doesn't matter
who had supplied the rounds. However, according to other lawyers, it
doesn't change the failure of discovery.
Alec Baldwin's Trial Was "Improperly" Dismissed By Judge, 'Rust'
Prosecutor Claims; Wants Armorer's Retrial Request Rejected
By Dominic Patten
Deadline
August 5, 2024 7:48 pm
https://deadline.com/2024/08/alec-baldwin-case-dismissed-improperly-prosecutor-claims-1236032139/
. . .
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