US Judge Denies Alec Baldwin Bid to Dismiss 'Rust' Charge

FILE PHOTO: Actor Alec Baldwin departs his home in New York, US, January 31, 2023. REUTERS/David 'Dee' Delgado//File Photo
FILE PHOTO: Actor Alec Baldwin departs his home in New York, US, January 31, 2023. REUTERS/David 'Dee' Delgado//File Photo
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US Judge Denies Alec Baldwin Bid to Dismiss 'Rust' Charge

FILE PHOTO: Actor Alec Baldwin departs his home in New York, US, January 31, 2023. REUTERS/David 'Dee' Delgado//File Photo
FILE PHOTO: Actor Alec Baldwin departs his home in New York, US, January 31, 2023. REUTERS/David 'Dee' Delgado//File Photo

A New Mexico judge on Friday rejected Alec Baldwin's bid to dismiss an involuntary manslaughter charge for the 2021 shooting of cinematographer Halyna Hutchins, opening the way for an unprecedented trial of a Hollywood actor for an on-set death.
Baldwin's lawyers argued at a May 17 hearing that a grand jury indictment of the actor was "a sham" as prosecutors failed to tell jurors they could question defense witnesses and stopped them hearing evidence helpful to the actor's case.
Among her arguments in a court filing, district court Judge Mary Marlowe Sommer said she did not find prosecutorial bad faith in the grand jury, nor error in jury instructions and prosecutors adequately advised jurors regarding a letter from Baldwin's legal team listing defense jurors they could call.
"The court finds no error in the actions taken by the prosecutor vis-a-vi the reading of the evidence letter," Marlowe Sommer, appointed by Democratic New Mexico Governor Bill Richardson in 2010, said in the filing.
The actor now faces a July 10 trial, Reuters reported.
Hutchins was shot with a live round after Baldwin pointed a gun at her as she set up a camera shot on a movie set near Santa Fe, New Mexico. The "30 Rock" actor maintains he did not pull the trigger, an assertion that has become central to the case.
Much of the differences between prosecution and defense positions are factual disputes and that is the type of case juries are meant to decide, said business and entertainment trial litigator Tre Lovell.
He is among attorneys who expect Baldwin to escape conviction, arguing he was an actor and not responsible for firearms safety, a position supported by Hollywood’s SAG-AFTRA performers union.
“The real secret is educating a jury about a film set,” said Lovell.
At trial, Baldwin’s legal team must convince Santa Fe jurors there was a cascading failure in set firearms safety before the weapon was put in Baldwin’s hand.
Special prosecutor Kari Morrissey has argued in court filings that Baldwin broke firearm safety rules by pointing the gun at Hutchins, cocking it and pulling the trigger.
Sommer sentenced "Rust" armorer Hannah Gutierrez to 18 months prison in April after a Santa Fe jury found her guilty of involuntary manslaughter for loading the live round into the reproduction Colt Single Action Army revolver Baldwin was using.
Morrissey accuses Baldwin of contributing to the collapse in firearm safety protocols by being an on-set bully. At Gutierrez’s trial she showed video of him pointing his revolver at people, firing it when not supposed to, swearing at himself and others, and telling Gutierrez what to do.
"Rust" director Joel Souza and first assistant director Dave Halls have defended Baldwin's on-set behavior, characterizing it as related to the adrenaline of an "A-list" actor.
Testing of Baldwin’s revolver by the FBI and an independent firearms specialist hired by the prosecution found it would not fire without the trigger pulled.
The defense argues the hammer and trigger of the revolver were modified to make it easier to fire, allowing an accidental discharge.
Observer and attorney Rachel Fiset sees this as a risky strategy.
“What is unusual in Baldwin’s case is that the alleged malfunction was directly in line with him appearing to “intentionally” act as if he was going to shoot the gun,” adding that if the jury does not believe the modification argument, it may be devastating to Baldwin’s credibility.



Taylor Swift Wins Big and Rita Ora Pays Tribute to Liam Payne at MTV EMAs

 Taylor Swift is shown on screen after winning the Best Video award for "Fortnight" featuring Post Malone, at the 2024 MTV Europe Music Awards at Manchester Co-op Live in Manchester, Britain, November 10, 2024. (Reuters)
Taylor Swift is shown on screen after winning the Best Video award for "Fortnight" featuring Post Malone, at the 2024 MTV Europe Music Awards at Manchester Co-op Live in Manchester, Britain, November 10, 2024. (Reuters)
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Taylor Swift Wins Big and Rita Ora Pays Tribute to Liam Payne at MTV EMAs

 Taylor Swift is shown on screen after winning the Best Video award for "Fortnight" featuring Post Malone, at the 2024 MTV Europe Music Awards at Manchester Co-op Live in Manchester, Britain, November 10, 2024. (Reuters)
Taylor Swift is shown on screen after winning the Best Video award for "Fortnight" featuring Post Malone, at the 2024 MTV Europe Music Awards at Manchester Co-op Live in Manchester, Britain, November 10, 2024. (Reuters)

Taylor Swift came out on top at the 2024 MTV EMAs on Sunday, walking away with best artist, best US act, best live act and best video for “Fortnight” (featuring Post Malone).

Swift, who is finishing up her Eras tour on the other side of the Atlantic, thanked the fans for the bounty of prizes via video message.

The UK show opened with an acrobatic Benson Boone suspended in the air on a gold grand piano performing his viral hit “Beautiful Things” and latest release “Slow it Down.” Boone also accepted his first EMA for best new act.

South African newcomer Tyla gave Swift a run for her money picking up three awards for best afrobeats, best R&B and best African act.

Tyla performed her smash hit “Water” for the EMA audience at the Co-op Live, Manchester, flanked by a host of dancers, as well as singing energetic new track “Push 2 Start.”

British singer Rita Ora, who hosted the show for a record third time, paid tribute to former One Direction star Liam Payne, who died last month after falling from a balcony in Buenos Aires.

Ora had a close relationship with the singer and the pair recorded a song together in 2018, “For You (Fifty Shades Freed).” She addressed the audience saying, “I want to take a moment to remember someone. Liam Payne was one of the kindest people I knew.” Her voice broke as she asked the crowd to take a moment to remember Liam, saying: “He had the biggest heart and he left such a mark on this world.”

Hip-hop legend Busta Rhymes was awarded the EMAs global icon award from British rapper Little Simz telling the crowd that in 34 years of professionally recording this was his first award from MTV and it felt incredible. The 12-time Grammy Award nominee, who has more than 10 million album sales under his belt, performed a mega medley of his greatest hits “Break ya Neck,” “Touch it” and “Put Your Hands Where the Eyes can See” accompanied by dancers wearing tracksuits with giant dragon heads.

Shawn Mendes gave an intimate and heartfelt performance and also received the award for best Canadian act. Sabrina Carpenter picked up the honors for best song for her hit “Espresso,” while Ariana Grande was crowned best pop act and Eminem took away best hip hop act.

UK duo Pet Shop Boys were honored with the inaugural Pop Pioneers Award for their contribution to pop music and closed out the show accompanied by local orchestra Manchester Camerata with a cover of David Bowie’s “All the Young Dudes” followed by their iconic hit “West End Girls” in celebration of the song’s 40th anniversary.

Other performers on the night included K-Pop quintet Le Sserafim, Mexican singer and rapper Peso Pluma, English singer and songwriter Raye, multi-platinum singer-songwriter Mendes, American powerhouse Teddy Swims, Mexican rock sisters the Warning.

LL Cool J, Bush frontman Gavin Rossdale, mother-and-daughter musicians Neneh Cherry and Mabel and TV and film stars Aaron Taylor-Johnson, Jodie Turner-Smith and Lucien Laviscount all presented awards.