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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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Martin Mull, Hip Comic and Actor from 'Fernwood Tonight' and 'Roseanne,' Dies at 80

Martin Mull participates in “The Cool Kids” panel during the Fox Television Critics Association Summer Press Tour at The Beverly Hilton hotel on Thursday, Aug. 2, 2018, in Beverly Hills, Calif. Photo by Willy Sanjuan/Invision/AP, File
Martin Mull participates in “The Cool Kids” panel during the Fox Television Critics Association Summer Press Tour at The Beverly Hilton hotel on Thursday, Aug. 2, 2018, in Beverly Hills, Calif. Photo by Willy Sanjuan/Invision/AP, File
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Martin Mull, Hip Comic and Actor from 'Fernwood Tonight' and 'Roseanne,' Dies at 80

Martin Mull participates in “The Cool Kids” panel during the Fox Television Critics Association Summer Press Tour at The Beverly Hilton hotel on Thursday, Aug. 2, 2018, in Beverly Hills, Calif. Photo by Willy Sanjuan/Invision/AP, File
Martin Mull participates in “The Cool Kids” panel during the Fox Television Critics Association Summer Press Tour at The Beverly Hilton hotel on Thursday, Aug. 2, 2018, in Beverly Hills, Calif. Photo by Willy Sanjuan/Invision/AP, File

Martin Mull, whose droll, esoteric comedy and acting made him a hip sensation in the 1970s and later a beloved guest star on sitcoms including “Roseanne” and “Arrested Development,” has died, his daughter said Friday.
Mull's daughter, TV writer and comic artist Maggie Mull, said her father died at home on Thursday after “a valiant fight against a long illness.”
Mull, who was also a guitarist and painter, came to national fame with a recurring role on the Norman Lear-created satirical soap opera “Mary Hartman, Mary Hartman,” and the starring role in its spinoff, “Fernwood Tonight."
“He was known for excelling at every creative discipline imaginable and also for doing Red Roof Inn commercials,” Maggie Mull said in an Instagram post. “He would find that joke funny. He was never not funny. My dad will be deeply missed by his wife and daughter, by his friends and coworkers, by fellow artists and comedians and musicians, and—the sign of a truly exceptional person—by many, many dogs.”
Known for his blonde hair and well-trimmed mustache, Mull was born in Chicago, raised in Ohio and Connecticut and studied art in Rhode Island and Rome.
His first foray into show business was as a songwriter, penning the 1970 semi-hit “A Girl Named Johnny Cash” for singer Jane Morgan.
He would combine music and comedy in an act that he brought to hip Hollywood clubs in the 1970s.
“In 1976 I was a guitar player and sit-down comic appearing at the Roxy on the Sunset Strip when Norman Lear walked in and heard me," Mull told The Associated Press in 1980. “He cast me as the wife beater on ‘Mary Hartman, Mary Hartman.’ Four months later I was spun off on my own show.”
His time on the Strip was memorialized in the 1973 country rock classic “Lonesome L.A. Cowboy" where the Riders of the Purple Sage give him a shoutout along with music luminaries Kris Kristofferson and Rita Coolidge.
“I know Kris and Rita and Marty Mull are hangin' at the Troubadour,” the song says.
On “Fernwood Tonight” (sometimes styled as “Fernwood 2 Night”), he played Barth Gimble, the host of a local talk show in a midwestern town and twin to his “Mary Hartman” character. Fred Willard, a frequent collaborator with very similar comic sensibilities, played his sidekick. It was later revamped as “America 2 Night” and set in Southern California.
He would get to be a real talk show host as a substitute for Johnny Carson on “The Tonight Show."
Mull often played slightly sleazy, somewhat slimy and often smarmy characters as he did as Teri Garr's boss and Michael Keaton's foe in 1983's “Mr. Mom.” He played Colonel Mustard in the 1985 movie adaptation of the board game “Clue,” which, like many things Mull appeared in, has become a cult classic.
The 1980s also brought what many thought was his best work, “A History of White People in America,” a mockumentary that first aired on Cinemax. Mull co-created the show and starred as a “60 Minutes” style investigative reporter investigating all things milquetoast and mundane. Willard was again a co-star.
He wrote and starred in 1988's “Rented Lips" alongside Robert Downey Jr., whose father, Robert Sr., directed.
His co-star Jennifer Tilly said in an X post Friday that Mull was “such a witty charismatic and kind person.”
In the 1990s he was best known for his recurring role on several seasons on “Roseanne,” in which he played a warmer, less sleazy boss to the title character, an openly gay man whose partner was played by Willard, who died in 2020.
Mull would later play private eye Gene Parmesan on “Arrested Development,” a cult-classic character on a cult-classic show, and would be nominated for an Emmy, his first, in 2016 for a guest run on “Veep.”
“What I did on ‘Veep’ I’m very proud of, but I’d like to think it’s probably more collective, at my age it’s more collective,” Mull told the AP after his nomination. “It might go all the way back to ‘Fernwood.’”
Other comedians and actors were often his biggest fans.
“Martin was the greatest,” “Bridesmaids” director Paul Feig said on X. “So funny, so talented, such a nice guy. Was lucky enough to act with him on The Jackie Thomas Show and treasured every moment being with a legend. Fernwood Tonight was so influential in my life.”
Mull is survived by his daughter and musician Wendy Haas, his wife since 1982.