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.



‘Jurassic World Rebirth’ Bites Off $318 Million at the Global Box Office

This image released by Universal Pictures and Amblin Entertainment shows Scarlett Johansson in a scene from " Jurassic World: Rebirth." (Jasin Boland/Universal Pictures and Amblin Entertainment via AP)
This image released by Universal Pictures and Amblin Entertainment shows Scarlett Johansson in a scene from " Jurassic World: Rebirth." (Jasin Boland/Universal Pictures and Amblin Entertainment via AP)
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‘Jurassic World Rebirth’ Bites Off $318 Million at the Global Box Office

This image released by Universal Pictures and Amblin Entertainment shows Scarlett Johansson in a scene from " Jurassic World: Rebirth." (Jasin Boland/Universal Pictures and Amblin Entertainment via AP)
This image released by Universal Pictures and Amblin Entertainment shows Scarlett Johansson in a scene from " Jurassic World: Rebirth." (Jasin Boland/Universal Pictures and Amblin Entertainment via AP)

Dinosaur fatigue may be a theme in “Jurassic World Rebirth,” but moviegoing audiences don’t seem to have that reservation. The newest installment in the “Jurassic World” franchise ruled the Fourth of July holiday box office with a global, five-day launch of $318.3 million, according to studio estimates Sunday.

The Universal Pictures release, directed by Gareth Edwards, opened on Wednesday and earned $147.3 million in its first five days in 4,308 North American theaters. An estimated $91.5 million of that comes from the traditional “three day” weekend, which includes the Friday holiday, Saturday and projected Sunday ticket sales.

Internationally, it opened in 82 markets including China, adding $171 million to the opening total. According to the studio, $41.5 million of that came from China alone, where it played on 65,000 screens, 760 of which were IMAX. It's the country's biggest MPA (Motion Picture Association) opening of the year.

“Rebirth,” starring Scarlett Johansson, Mahershala Ali and Jonathan Bailey, is the fourth movie in the “Jurassic World” series and the seventh since Steven Spielberg’s original Michael Crichton adaptation stormed theaters in the summer of 1993. The new film received mixed reviews from critics, carrying a 51% on Rotten Tomatoes, and B CinemaScore from opening weekend audiences, The Associated Press reported.

Factors like the holiday weekend, inflation and post-COVID moviegoing realities make it difficult to fairly compare the “Rebirth” launch to the other films in the “Jurassic World” franchise, the first of which opened to $208 million domestically in 2015. The other two, “Fallen Kingdom” and “Dominion” opened to $148 million and $145 million respectively.

“Jurassic World Rebirth” introduced a new main cast to the series and brought back a familiar voice in “Jurassic Park” screenwriter David Koepp to guide the story about a dangerous hunt for dinosaur DNA (not for making dinosaurs this time, but for curing heart disease). It cost a reported $180 million net to produce, not including marketing and promotion costs.

The campaign was far reaching, including a global press tour, with stops everywhere from London to Seoul, integrated marketing across NBC Universal platforms and brand tie-ins with everything from Jeep and 7-11 to Johansson’s skincare line.

No major new films dared go up against the dinosaurs, who left last week’s champion, the Brad Pitt racing movie “F1,” in the dust. “F1” fell a modest 54% in its second weekend with $26.1 million, helping bring its domestic total to $109.5 million. It continues to play on IMAX screens with accounted for $7.6 million of the North American weekend ticket sales. Globally, it's nearing $300 million with a running total of $293.6 million.

Third place went to Universal's live-action “How to Train Your Dragon,” which earned $11 million in its fourth weekend, bringing its domestic total to $224 million. Disney and Pixar's “Elio” landed in fourth place with $5.7 million. Globally, “Elio” has just crossed $96 million in three weekends.