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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
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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.

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Angelina Jolie and Brad Pitt Reach Divorce Settlement after 8 Years

(FILES) Writer-director-producer-actress Angelina Jolie Pitt (L) and actor-producer Brad Pitt arrive for the opening night gala premiere of Universal Pictures' "By the Sea" during AFI FEST 2015 presented by Audi at the TCL Chinese Theater in Hollywood, California, on November 5, 2015. (Photo by MARK RALSTON / AFP)
(FILES) Writer-director-producer-actress Angelina Jolie Pitt (L) and actor-producer Brad Pitt arrive for the opening night gala premiere of Universal Pictures' "By the Sea" during AFI FEST 2015 presented by Audi at the TCL Chinese Theater in Hollywood, California, on November 5, 2015. (Photo by MARK RALSTON / AFP)
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Angelina Jolie and Brad Pitt Reach Divorce Settlement after 8 Years

(FILES) Writer-director-producer-actress Angelina Jolie Pitt (L) and actor-producer Brad Pitt arrive for the opening night gala premiere of Universal Pictures' "By the Sea" during AFI FEST 2015 presented by Audi at the TCL Chinese Theater in Hollywood, California, on November 5, 2015. (Photo by MARK RALSTON / AFP)
(FILES) Writer-director-producer-actress Angelina Jolie Pitt (L) and actor-producer Brad Pitt arrive for the opening night gala premiere of Universal Pictures' "By the Sea" during AFI FEST 2015 presented by Audi at the TCL Chinese Theater in Hollywood, California, on November 5, 2015. (Photo by MARK RALSTON / AFP)

Angelina Jolie and Brad Pitt have reached a divorce settlement, her lawyer said Monday, bringing an apparent end to one of the longest and most contentious divorces in Hollywood history.
Jolie's attorney James Simon confirmed to The Associated Press that the couple had come to a deal. News of the settlement was first reported by People magazine.
“More than eight years ago, Angelina filed for divorce from Mr. Pitt,” Simon said in a statement. “She and the children left all of the properties they had shared with Mr. Pitt, and since that time she has focused on finding peace and healing for their family. This is just one part of a long ongoing process that started eight years ago. Frankly, Angelina is exhausted, but she is relieved this one part is over.”
No court documents have been filed yet, and a judge will need to sign off on the agreement. An email late Monday night to Pitt's attorney seeking comment was not immediately answered.
Jolie, 49, and Pitt, 61, were among Hollywood’s most prominent pairings for 12 years, two of them as a married couple. The Oscar winners have six children together.
Jolie filed for divorce in 2016, after a private jet flight from Europe during which she said Pitt was abusive toward her and their children. The FBI and the Los Angeles County Department of Children and Family Services investigated Pitt's actions on the flight and deemed no action needed to be taken against him.
A judge in 2019 declared them divorced and single, but the splitting of assets and child custody needed to be separately settled.
Soon after, a private judge that the two had hired to handle the case reached a decision that included equal custody of their children, but Jolie filed to have him removed from the case over an unreported conflict of interest. An appeals court agreed, the judge was removed, and the couple had to start the process over.
During the long divorce fight, four of the couple's six children became adults, negating the need for a custody agreement for them. The only two that remain minors are 16-year-old twins Knox and Vivienne. In June, one of their daughters, then known as Shiloh Nouvel Jolie-Pitt, successfully petitioned to remove Pitt's name from hers.
Their other children are 23-year-old Maddox, 21-year-old Pax and 19-year-old Zahara.
No details of the agreement were immediately revealed, and the couple's use of the private judge — an increasingly common move among splitting celebrities in recent years — has kept the proceedings largely under wraps. There have been no official court actions in the case in nearly a year, and no indication that the two had been nearing an agreement.
Some details on their disputes, however, have been revealed through a separate lawsuit filed by Pitt in which he alleged Jolie reneged on an agreement that she would sell him her half of a French winery the two owned together. Jolie instead sold her part of the winery, Chateau Miraval, to the Tenute del Mondo wine group, a subsidiary of the Stoli Group., which Pitt said was a “vindictive” move that ruined a private space that had been a second home.
Jolie's attorneys said the winery sale agreement broke down over Pitt's demand that as part of the deal she sign a wide-ranging non-disclosure agreement about him. In court documents, she called that an attempt to cover up his physical abuse of her, which she said turned toward the children on the 2016 flight.
Along with the federal and L.A. County officials, the initial judge in the case heard testimony on the allegations before deciding to give Pitt equal custody of the children.
It's not clear how the divorce agreement will affect the winery lawsuit.
Publicly, both Pitt and Jolie have been extremely tight-lipped on everything surrounding their split, despite robust promotional tours and many media appearances for various projects.
Pitt said in a 2017 interview with GQ that he had had a drinking problem at the time of the plane incident and the split, but had since become sober and was going to therapy. He has not defended his behavior on the family flight.
Jolie has also declined to make any public statements about the family issues or the divorce, though she has sought a broader examination and airing of his behavior by the courts in both the divorce and winery cases.