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.



Pulp Is Back for ‘More,’ Their First Album in 24 Years. Even the Britpop Band Is Surprised 

Jarvis Cocker of the band Pulp performs at the Hollywood Palladium in Los Angeles on Sept. 18, 2024, (AP) 
Jarvis Cocker of the band Pulp performs at the Hollywood Palladium in Los Angeles on Sept. 18, 2024, (AP) 
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Pulp Is Back for ‘More,’ Their First Album in 24 Years. Even the Britpop Band Is Surprised 

Jarvis Cocker of the band Pulp performs at the Hollywood Palladium in Los Angeles on Sept. 18, 2024, (AP) 
Jarvis Cocker of the band Pulp performs at the Hollywood Palladium in Los Angeles on Sept. 18, 2024, (AP) 

Pulp has returned with a new album, their first in 24 years. Who could’ve predicted that?

Not even the band, it turns out. “It took us by surprise as well,” dynamic frontman Jarvis Cocker told The Associated Press. “Why not?”

If there are casual Pulp fans, they don’t make themselves known. The ambitious Britpop-and-then-some band emerged in the late-'70s in Sheffield, England, artistic outsiders with a penchant for the glam, grim, and in the case of Cocker, the gawky. Fame alluded them until the mid-'90s, and then it rushed in with the trend of Cool Britannia.

Their songs varied wildly from their contemporaries, like the recently reunited Blur and soon-to-be back together Oasis. Instead, Pulp’s David Bowie-informed synth-pop arrived with humor, ambiguity and intellect — songs about class consciousness that manage to be groovy, glib, awkward and amorous all at once.

Then, and in the decades since, Pulp has inspired devotion from loyal fans across generations. They’ve charmed those lucky enough to catch band members in their heyday before a kind of careerism led to a hiatus in 2002 — and those who saw them for the first time during reunion tours in 2011 and 2022. With all that reputation on the line, it’s reassuring that the band has decided to give its audience “More,” their first new album in over two decades.

Give them ‘More’

There were a few catalysts for “More.” The first: “We could get along with each other still,” jokes drummer Nick Banks. “It wasn’t too painful.” The second: The band worked a new song into their recent reunion show run — “The Hymn of the North,” originally written for Simon Stephens’ 2019 play “Light Falls” — and people seemed to like it.

The third and most significant: The band’s bassist and core member Steve Mackey died in 2023.

“It made me realize that you don’t have endless amounts of time,” Cocker says. “You’ve still got an opportunity to create things, if you want to. Are you going to give it a go?”

And so, they did. Cocker assured his bandmates Banks, guitarist Mark Webber and keyboardist Candida Doyle that the recording process could be done quickly — in three weeks, lightspeed for a band that has infamously agonized over its latter records, like 1998’s “This Is Hardcore.”

Webber describes a “reticence to get involved in a yearslong process” that was alleviated when they started to work on new songs which came “quite easily.” That’s at least partially due to the fact that, for the first time in the history of the band, Cocker elected to “write the words in advance. ... It’s taken me until the age of 61 to realize it: If you write the words before you go into the studio, it makes it a much more pleasant experience.”

The 11 tracks that make up “More” are a combination of new and old songs written across Pulp’s career. The late Mackey has a writing credit on both the sultry, existential “Grown Ups” originally demoed around “This Is Hardcore,” and the edgy disco “Got to Have Love,” written around “the turn of the millennium,” as Cocker explains. “I did have words, but I found myself emotionally unable to sing them.”

“Without love you’re just making a fool of yourself,” he sings in the second verse. “I got nothing else to say about it.”

It makes sense, then, that the romantic song was held until “More,” when Cocker believed them — coincidentally, after he was married in June of last year.

A pop band reflects

Maturation — the literality of growing up on “Grown Ups” — is a prevalent theme on “More,” delivered with age-appropriate insight. “I was always told at school that I had an immature attitude. I just didn’t see any point in growing up, really. It seemed like all the fun was had by people when they were younger,” said Cocker.

“But, as I said on the back of the ‘This Is Hardcore’ album, it’s OK to grow up, as long as you don’t grow old. And I still agree with that, I think. Growing old is losing interest in the world and deciding that you’re not gonna change. You’ve done your bit and that’s it. That doesn’t interest me.”

“You have to retain an interest in the world and that keeps you alive,” he adds. “So, you grow up. And hopefully you live better, and you treat other people better. But you don’t grow old.”

In addition to “More,” 2025 marks the 30th anniversary of the song that defines their career, “Common People.”

“That one, we’ve never really fallen out of love with,” says Webber.

“Because of the way it affects people, really, you can’t fall out of love with it,” adds Cocker.

“More,” produced by James Ford (Arctic Monkeys, Fontaines D.C.), arrives Friday. The band will immediately embark on a UK and North American tour. Then, who knows? Is this the beginning of a new, active era for the band?

“The next one is going to be called ‘Even More,’” Cocker jokes. “Nah, I don’t know. The album wasn’t conceived of as a tombstone. ... The jury is out.”

“It wouldn’t be good for it to end up feeling like you’re stuck on a treadmill,” Banks adds. “And at the moment, it’s still pretty exciting.”