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.



Tom Cruise Is Finally Getting an Oscar as Will Dolly Parton, Debbie Allen and Wynn Thomas 

Tom Cruise appears at the premiere of "Top Gun: Maverick" at the 75th international film festival, Cannes, southern France on May 18, 2022. (AP) 
Tom Cruise appears at the premiere of "Top Gun: Maverick" at the 75th international film festival, Cannes, southern France on May 18, 2022. (AP) 
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Tom Cruise Is Finally Getting an Oscar as Will Dolly Parton, Debbie Allen and Wynn Thomas 

Tom Cruise appears at the premiere of "Top Gun: Maverick" at the 75th international film festival, Cannes, southern France on May 18, 2022. (AP) 
Tom Cruise appears at the premiere of "Top Gun: Maverick" at the 75th international film festival, Cannes, southern France on May 18, 2022. (AP) 

Twenty-five years after Tom Cruise received his first Oscar nomination, he’s finally getting a trophy. It’s not for his death-defying stunts, either. At least, not exclusively.

Cruise, choreographer Debbie Allen and “Do The Right Thing” production designer Wynn Thomas have all been selected to receive honorary Oscar statuettes at the annual Governors Awards, the film academy said Tuesday. Dolly Parton will also be recognized with the Jean Hersholt Humanitarian Award for her decades-long charitable work in literacy and education.

“This year’s Governors Awards will celebrate four legendary individuals whose extraordinary careers and commitment to our filmmaking community continue to leave a lasting impact,” Academy President Janet Yang said in a statement.

Most recipients of the prize historically have not yet won a competitive Oscar themselves. Cruise, 62, has been nominated four times, twice for best actor in “Born on the Fourth of July” and “Jerry Maguire,” once for supporting actor in “Magnolia” and once for best picture with “Top Gun: Maverick.” He’s also championed theatrical moviegoing and big-scale Hollywood production through the coronavirus pandemic.

Yang spotlighted Cruise’s “incredible commitment to our filmmaking community, to the theatrical experience, and to the stunts community.”

Allen, 75, has never been nominated for an Oscar. But the multi-hyphenate entertainer — she also acts and produces — has played an integral role in the Oscars show, having choreographed seven ceremonies over the years. Four of those were nominated for prime-time Emmy awards.

A nomination had also eluded Thomas, a leading production designer whose films have often gone on to best picture nominations and even one win, for Ron Howard’s “A Beautiful Mind.” Thomas is most known for his long-term collaboration with filmmaker Spike Lee, from “She’s Gotta Have It” and “Malcolm X” through “Da 5 Bloods.”

Parton has been nominated twice for best original song, for “9 to 5” and, in 2006, “Travelin’ Thru” from the film “Transamerica.” But her honor celebrates her humanitarian efforts over the years, through organizations like the Dollywood Foundation and the literary program “Dolly Parton’s Imagination Library.”

Yang said Parton “exemplifies the spirit” of the Jean Hersholt Humanitarian Award.

The awards will be handed out during an untelevised ceremony on Nov. 16 at the Ray Dolby Ballroom in Los Angeles. Last year’s recipients included the late Quincy Jones, Bond producers Barbara Broccoli and Michael G. Wilson, filmmaker Richard Curtis and casting director Juliet Taylor.

Recipients of the prizes, which honor lifetime achievement, contributions to the state of motion picture arts and sciences and service to the academy are selected by the film academy’s board of governors.