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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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Blake Lively Sues ‘It Ends With Us’ Director Justin Baldoni Alleging Harassment and Smear Campaign

Blake Lively attends the LACMA Art+Film Gala at the Los Angeles County Museum of Art (LACMA) in Los Angeles, California, on November 2, 2024. (AFP)
Blake Lively attends the LACMA Art+Film Gala at the Los Angeles County Museum of Art (LACMA) in Los Angeles, California, on November 2, 2024. (AFP)
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Blake Lively Sues ‘It Ends With Us’ Director Justin Baldoni Alleging Harassment and Smear Campaign

Blake Lively attends the LACMA Art+Film Gala at the Los Angeles County Museum of Art (LACMA) in Los Angeles, California, on November 2, 2024. (AFP)
Blake Lively attends the LACMA Art+Film Gala at the Los Angeles County Museum of Art (LACMA) in Los Angeles, California, on November 2, 2024. (AFP)

Actor Blake Lively sued "It Ends With Us" director Justin Baldoni and several others tied to the romantic drama on Tuesday, alleging harassment and a coordinated campaign to attack her reputation for coming forward about her treatment on the set.

The federal lawsuit was filed in New York just hours after Baldoni and many of the other defendants in Lively's suit sued The New York Times for libel for its story on her allegations, saying the newspaper and the star were the ones conducting a coordinated smear campaign.

The lawsuits are major developments in a story emerging from the surprise hit film that has already made major waves in Hollywood and led to discussions of the treatment of female actors both on sets and in media.

Lively's suit said that Baldoni, the film's production company Wayfarer Studios and others engaged in "a carefully crafted, coordinated, and resourced retaliatory scheme to silence her, and others, from speaking out."

She accuses Baldoni and the studio of embarking on a "multi-tiered plan" to damage her reputation following a meeting in which she and her husband, actor Ryan Reynolds, addressed "repeated sexual harassment and other disturbing behavior" by Baldoni and a producer Jamey Heath, who is also named in both lawsuits.

The plan, the suit said, included a proposal to plant theories on online message boards, engineer a social media campaign and place news stories critical of Lively.

The alleged mistreatment on set included comments from Baldoni on the bodies of Lively and other women on the set.

Baldoni's attorney Bryan Freedman did not immediately respond to a request for comment on Lively's lawsuit. But he previously called the same allegations "completely false, outrageous and intentionally salacious."

Lively's lawsuit comes the same day as the libel lawsuit filed in Los Angeles Superior Court by Baldoni and others against the Times seeking at least $250 million. The Times stood by its reporting and said it plans to "vigorously defend" against the lawsuit.

Others who are defendants in Lively's suit and plaintiffs in the libel suit include Wayfarer and crisis communications expert Melissa Nathan, whose text message was quoted in the headline of the Dec. 21 Times story: "‘We Can Bury Anyone’: Inside a Hollywood Smear Machine."

Written by Megan Twohey, Mike McIntire and Julie Tate, the story was published just after Lively filed a legal complaint with the California Civil Rights Department, a predecessor to her new lawsuit.

The libel lawsuit says the newspaper "relied almost entirely on Lively’s unverified and self-serving narrative, lifting it nearly verbatim while disregarding an abundance of evidence that contradicted her claims and exposed her true motives. But the Times did not care."

A spokesperson for the Times, Danielle Rhoades, said in a statement that "our story was meticulously and responsibly reported."

"It was based on a review of thousands of pages of original documents, including the text messages and emails that we quote accurately and at length in the article. To date, Wayfarer Studios, Mr. Baldoni, the other subjects of the article and their representatives have not pointed to a single error," the statement said.

But Baldoni's lawsuit says that "If the Times truly reviewed the thousands of private communications it claimed to have obtained, its reporters would have seen incontrovertible evidence that it was Lively, not Plaintiffs, who engaged in a calculated smear campaign."

Lively is not a defendant in the libel lawsuit. Her lawyers said in a statement that "Nothing in this lawsuit changes anything about the claims advanced in Ms. Lively’s California Civil Rights Department Complaint, nor her federal complaint, filed earlier today."

The romantic drama "It Ends With Us," an adaptation of Colleen Hoover’s bestselling 2016 novel, was released in August, exceeding box office expectations with a $50 million debut. But the movie’s release was shrouded by speculation over discord between Lively and Baldoni. Baldoni took a backseat in promoting the film while Lively took centerstage along with Reynolds, who was on the press circuit for "Deadpool & Wolverine" at the same time.

Lively came to fame through the 2005 film "The Sisterhood of the Traveling Pants," and bolstered her stardom on the TV series "Gossip Girl" from 2007 to 2012. She has since starred in films including "The Town" and "The Shallows."

Baldoni starred in the TV comedy "Jane the Virgin," directed the 2019 film "Five Feet Apart" and wrote "Man Enough," a book pushing back against traditional notions of masculinity. He responded to concerns that "It Ends With Us" romanticized domestic violence, telling the AP at the time that critics were "absolutely entitled to that opinion."

He was dropped by his agency, WME, immediately after Lively filed her complaint and the Times published its story. The agency represents both Lively and Reynolds.

Baldoni's attorney, Freedman, said in a statement on the libel suit that "the New York Times cowered to the wants and whims of two powerful ‘untouchable’ Hollywood elites."

"In doing so, they pre-determined the outcome of their story, and aided and abetted their own devastating PR smear campaign designed to revitalize Lively’s self-induced floundering public image and counter the organic groundswell of criticism amongst the online public," he added. "The irony is rich."