254
Lawyers for ‘Rust’ armourer move to get case dismissed after Baldwin trial collapses
(www.independent.co.uk)
this post was submitted on 13 Jul 2024
254 points (97.0% liked)
News
23267 readers
3009 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Fuck yeah, Hollywood getting away with killing an employee.
Remember, she filed a safety complaint against the production precisely because of all this. Alina was a union whistleblower who turned up dead.
I rarely comment, but your statement is factually incorrect on a few points. I assume when you stated "Alina", you are referring to Halyna Hutchins. There were safety complaints filed by other production members, but not by her. The way you framed this statement also implies she may have been killed as retribution because she filed a safety complaint, which again, she did not.
If there is a credible source that the victim in this tragedy filed a safety complaint before her death, I will happily amend or delete my comment. I'm not trying to start a flame war or anything and this is certainly no attack on you personally, it just bothers me when I see misinformation.
I apologize for a friggin typo. That’s not a factually incorrect statement, however.
From Wikipedia:
This makes her a whistleblower and provides (possible) motivation. Do you have any idea how much it costs for a single day of shooting? Proper safety protocols would have slowed down production, increasing costs.
I’ve been unable to find information on who actually filed those complaints, and assume the union wouldn't tell management who did- and I would be shocked if they did (that’d make them rats.)
Something to think about when Baldwin puts on his most sincere act ever and insists it was an accident and not his fault.
Also as a side note, there’s apparently a small technical mistake that HGR was in fact not the armorer (her contract for that apparently expired a few days earlier.)(she was still acting as armorer even if she wasn’t technically designated as such,)
Should proofread your posts
what, and deprive you of the opportunity to add nothing of substance?
Seems like a little more than just Alec Baldwin heading an extraordinarily sloppy production. HG-R still did not do her job but if they both went to prison you'd feel like justice was done knowing evidence like this was withheld?
I don’t particularly think any kind of ballistics on the bullets is really going to change the out come of the trial. They could have easily omitted them and still had a rock-solid case.
Like, Baldwin is not disputing that he was holding the gun that killed her. Just that it was his fault.
HGR, that other producer. Baldwin. They can all share full guilt for what happened.
The armourer hands the actor a safe gun, the actor uses it.
If the gun isn’t safe it’s not the actor’s fault.
The issue isn’t that Baldwin held the gun, it’s that he was the producer of the entire production.
True. But that's not how he was being charged. He was being charged because he was the actor firing the weapon. There is a difference.
If he was not a producer would we be talking about him being charged at all in this case?
If the issue is him being a producer, why aren't all the other producers being charged for the same crime? What was different about Baldwin? If the issue isn't that he fired the weapon.
The unfortunate answer is the prosecutors office is a very political position.
And ultimately none of that mattered, because the issue that got the case dismissed was gross misconduct by the prosecutor.
Which is almost justice.
Real justice would be the prosecutor facing charges for misconduct.
First, no. That’s wrong.
Hollywood movie industry doesn’t write law. New Mexico law says Baldwin was being negligent, and that negligence resulted in some one’s death. This is a crime.
If a lawyer tells you it’s okay to go 80 in a 55, and a cop writes you a speeding ticket, you don’t get to pull “advice of counsel” as a defense to get out of it, because the lawyers advice is obviously unreasonable and incorrect.
Alternatively, if you call a mechanic and describe some brake symptoms and he says it’s safe to get it into the shop without a tow, and you get into an accident because the brakes failed… the mechanic is not liable for that, ultimate liability rests with the driver. The mechanic didn’t know the full circumstances.
Similarly, even an idiot could be reasonably expected to recognize that it’s unsafe to point a functional firearm at people and pull the trigger (or otherwise waive it around like a toy.) therefore, an expert’s advice to the contrary is quite unreasonable and on its own face should have been ignored; and HGR was unaware of his actions with the weapon as she was not immediately present.
Therefore, Baldwin failed a duty of care to behave in a safe manner (aka he was negligent,) and some one died (homicide- probably invol. Manslaughter or whatever the specific term is.) It also goes out the window when you recognize that HGR was in fact not an expert. She was a laughably inexperienced neppo-baby and we all know it. (She was also hired because she was inexperienced and allowed things that she should not have. This benefitted the production by reducing slow downs in filming.
Now to the second point:
Baldwin did not receive the weapon from HGR- he received from an assistant producer (who plead guilty, too.)
So no. He didn’t receive it from your “expert”.
Doesn’t someone have to be convicted of a crime to have the law saying you’re negligent?
Nope.
The law describes behaviors/actions/stuffs that are or are not crime. Murder is defined as the unjustified killing of a human. (Usually.) there are then variations of “murder”.
Specifically to New Mexico, Involuntary manslaughter :
So any behavior that fits that is, by definition invol. Manslaughter.
I’ve added emphasis to the relevant bit here. Let’s break it down.
This also gets into presumption of innocence. It’s a procedural presumption. It’s a very important procedural stipulation meant to protect the civil liberties of the accused. (It’s violated on a regular basis but that’s a different matter.)
Regardless, the crime happened. If you’re guilty of a thing, you are guilty regardless of if you are caught, or discovered, or accused or even indicted or they blame some one else. None of that changed that you did that thing and are guilty. The trial doesn’t magically guilty- you are found to be guilty.
Like how fossils are found. They’re always there. Just because we don’t know that they’re there, doesn’t mean they don’t exist. The fact of their existence is immaterial to any one’s knowledge of that fact.
Similarly, the fact of one’s guilt is immaterial to anyone’s knowledge of that fact. (For example, a drunk driver so heavily inebriated they don’t realize they ran some one over. Or hunters plinking in the woods unaware that kids were playing behind their targets.)
The court procedural rules say he is presumed to be guilty until the fact of his guilt is found in a court of law.
He committed actions which are defined as being involuntary manslaughter.
He doesn’t get to say he was behaving with due care because there was an inexperienced, inept armorer, somewhere around there. That’s not how it works.
From an occupational accident perspective, it doesn’t matter that there was a “safety coordinator”, it’s still unreasonable behavior that lead to Alina dying, as an employee (and employer, but that’s a different set of charged ) he has an obligation and duty of care to maintain a safe working environment- and to report unsafe environments.
But he’s not charged with a crime and will never be in relation to this tragic accident.
Doesn’t matter.
Again, the fact of one’s guilt is immaterial to another’s knowledge of that guilt. One had always been guilty and only found as such by the court.
One is not factually innocent, and then suddenly factually guilty. It is a mere presumption.
So why hasn’t he been convicted of a crime?
Seems the law doesn’t find him guilty of anything.
Because the prosecution fucked up the legal process.
But he’s not guilty, right?
John Landis all over again