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.



Judge Dismisses Justin Baldoni’s $400M Lawsuit Against ‘It Ends With Us’ Costar Blake Lively

Justin Baldoni attends the 'It Ends With Us' premiere in New York City, US, August 6, 2024. (Reuters)
Justin Baldoni attends the 'It Ends With Us' premiere in New York City, US, August 6, 2024. (Reuters)
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Judge Dismisses Justin Baldoni’s $400M Lawsuit Against ‘It Ends With Us’ Costar Blake Lively

Justin Baldoni attends the 'It Ends With Us' premiere in New York City, US, August 6, 2024. (Reuters)
Justin Baldoni attends the 'It Ends With Us' premiere in New York City, US, August 6, 2024. (Reuters)

A judge on Monday dismissed the lawsuit that actor and director Justin Baldoni filed against his "It Ends With Us" costar Blake Lively after she sued him last year for sexual harassment and retaliation.

US District Court Judge Lewis Liman's decision is the latest development in the bitter legal battle surrounding the dark romantic film.

Baldoni and production company Wayfarer Studios countersued in January for $400 million, accusing Lively and her husband, "Deadpool" actor Ryan Reynolds, of defamation and extortion.

The New York judge ruled that Baldoni can’t sue Lively for defamation over claims she made in her legal claim, because allegations made in a lawsuit are exempt from libel claims. Liman also ruled that Baldoni's claims that Lively stole creative control of the film didn't count as extortion under California law.

The judge, however, said Baldoni could revise the lawsuit if he wanted to pursue different claims related to whether Lively breached or interfered with a contract. His legal team indicated it planned to do so.

"Ms. Lively and her team’s predictable declaration of victory is false," one of Baldoni's lawyers, Bryan Freedman, said in a statement. He said that Lively's claims that she was sexually harassed on the film set, and then subjected to a secret smear campaign intended to taint her reputation, were "no truer today than they were yesterday."

"It Ends With Us," an adaptation of Colleen Hoover’s bestselling 2016 novel that begins as a romance but takes a dark turn into domestic violence, 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.

The judge also dismissed Baldoni's defamation lawsuit against The New York Times, which had reported on Lively's sexual harassment allegations.

"Today’s opinion is a total victory and a complete vindication for Blake Lively, along with those that Justin Baldoni and the Wayfarer Parties dragged into their retaliatory lawsuit, including Ryan Reynolds, (publicist) Leslie Sloane and The New York Times," Lively's attorneys, Esra Hudson and Mike Gottlieb, said in a prepared statement.

The lawyers said they "look forward to the next round" of seeking attorneys’ fees, treble damages and punitive damages.

A spokesperson for The New York Times said they were "grateful to the court for seeing the lawsuit for what it was: a meritless attempt to stifle honest reporting."

"Our journalists went out and covered carefully and fairly a story of public importance, and the court recognized that the law is designed to protect just that sort of journalism," Charlie Stadtlander said in an emailed statement.

Lively appeared in the 2005 film "The Sisterhood of the Traveling Pants" and the TV series "Gossip Girl" from 2007 to 2012 before starring 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 the book "Man Enough."