SANTA FE, N.M. —
As a seasoned prosecutor with decades of experience under my belt, I cannot help but feel deeply troubled by the recent turn of events in the Alec Baldwin trial. Having witnessed countless cases unfold before me, I have come to appreciate the intricacies and complexities that often lie beneath the surface of seemingly straightforward situations.
The unfortunate mishandling of New Mexico’s criminal case against Alec Baldwin for the fatal “Rust” film set shooting exposed approximately three years of mistakes from state authorities, driven by their desire to make an impressive global debut.
Experts in law had often warned against filing involuntary manslaughter charges against Baldwin for the unfortunate 2021 demise of cinematographer Halyna Hutchins, who was unintentionally shot by the actor while rehearsing a scene involving a firearm. Baldwin had been given misinformation that his prop gun lacked real bullets.
On Friday, Judge Mary Marlowe Sommer of New Mexico’s First Judicial District Court dismissed one charge against actor Alec Baldwin during a lengthy hearing. The defense argued that crucial evidence was hidden from them – a bag of bullets given by an ex-Arizona cop after the incident, which could have strengthened Baldwin’s case.
“Marlowe Sommer expressed strong disapproval towards prosecutor Kari T. Morrissey, stating that while this conduct may not reach the threshold for bad faith, it comes dangerously close and gives off warning signs of such behavior.”
I was on the brink of serving an 18-month long prison term if found guilty, and as I listened to the verdict being read out, my heart ached and tears streamed down my face.
Legal experts were taken aback by what they perceived as the mishandling of the case by the prosecution. “What a disappointing outcome for the special prosecutor in this case,” commented John Day, an attorney based in Santa Fe who had no connection to the case. “It was a debacle — a total wreck.”
After three days in the trial, Baldwin’s skilled legal team managed to change the course of the case, preventing exploration of topics Morrissey intended to bring up, such as possible involvement of Baldwin in pulling the trigger. Instead, they zeroed in on an investigation that left unanswered a crucial question regarding the “Rust” shooting: Where did the live bullets come from?
The Baldwin criminal case may have been doomed from the start.
Deputies from the Santa Fe County sheriff’s office were taken aback by the chaos they encountered at Bonanza Creek Ranch on October 21, 2021. Inside an old wooden church, two individuals, Hutchins and director Joel Souza, were severely wounded. Armorer Hannah Gutierrez Reed seemed distressed, possibly experiencing a breakdown. Baldwin refused a deputy’s offer to get in their patrol car, instead opting to smoke a cigarette outside.
Surprisingly, law enforcement officials were taken aback: How could two individuals be accidentally shot during the filming of a movie by one of Hollywood’s renowned actors using a fake gun?
When an influx of journalists arrived in Santa Fe, both the sheriff and district attorney exuded confidence. With an upcoming reelection campaign looming for the sheriff, we, as admirers of justice, observed this bold demeanor. Six days following the unfortunate shooting incident, during a press conference, Dist. Atty. Mary Carmack-Altwies fielded a question regarding potential charges against Alec Baldwin. In response, she emphasized, “All possible avenues are under consideration.”
After Baldwin informed George Stephanopoulos of ABC News that he didn’t pull the trigger, pressure built up rapidly. Gun aficionados protested, arguing that the specific gun type doesn’t discharge by itself.
By year’s end, sheriff’s detectives had made mistakes that would haunt the case.
The movie’s prop master discarded bullets from other actors’ firearms in the trash. For almost a week, the “Rust” prop vehicle, filled with guns and ammunition, went unexamined. It wasn’t until a month later that detectives arrived at Seth Kenney’s Albuquerque prop house with a warrant to search for weapons and ammunition.
During their search, the deputies located the army green ammunition box that they had been trying to find. However, upon checking it, they discovered that it was vacant. Mr. Thell Reed, the father of the armorer, had informed investigators that this box held live bullets which could potentially be linked to the ammunition used on the set of “Rust.”
Baldwin’s group claimed that Kenney had mixed real bullets with dummy ones – a charge that Kenney has previously refuted, even during his testimony on Friday.
An unexpected development occurred in mid-2022 when testing of Baldwin’s revolver at the FBI Lab in Virginia led to the breakdown of crucial gun parts during the violent procedures.
“Day expressed his view that this investigation conducted by law enforcement wasn’t well-executed or free from issues. The prosecutors added to the complications with their mistakes and questionable decisions.”
Following over a year of inquiry, the sheriff passed the file on to the prosecutors for their consideration of filing charges. They brought in a specialized prosecutor to aid them in this task, forming a formidable duo.
As a devoted cinemagoer reflecting on past events, I’d recast that narrative as follows: I recall Carmack-Altwies being a forward-thinking Democratic figure. Contrasting him was the first special prosecutor, Andrea Reeb, who identified as a Republican and passionately advocated for gun rights.
Emails exchanged between Reeb and Baldwin, subsequently handed over to Baldwin’s team, contained humorous remarks from Reeb suggesting that prosecuting Baldwin could benefit her state House campaign. This revelation raised suspicions among some observers, as Baldwin is known for satirizing former President Trump on “Saturday Night Live,” a fact disliked by many conservatives.
Additionally, in January 2023, prosecutors made an error by including a “gun enhancement” when filing charges for involuntary manslaughter against Baldwin and Gutierrez Reed. This addition came with a mandatory five-year prison sentence. However, this enhancement wasn’t part of the law during the “Rust” shooting incident, which forced prosecutors to reconsider their approach.
After Reeb resigned, Carmack-Altwies also departed. It was then that Morrissey, a prominent criminal defense attorney from Albuquerque, began investigating the matter in detail.
Luke Nikas, Baldwin’s lawyer, traveled to New Mexico to provide Morrissey with proof, as stated in court documents, that Baldwin’s gun had been altered prior to arriving on set. With the upcoming significant hearing approaching, Morrissey chose to dismiss the charges against Baldwin based on this new information.
As a seasoned investigative journalist with years of experience delving into intricate legal cases, I have come to appreciate the complexities and nuances that often arise during high-profile trials. In the recent case of the “Rust” film set shooting incident, I’ve closely followed every development, from the initial tragic event to the ongoing investigation and defense strategies.
Arizona gun specialist Lucien Haag disassembled and examined the revolver, eventually determining that no modifications had been made to the weapon. He remained confident that Baldwin had indeed pulled the trigger.
Last summer, relations between Morrissey and Baldwin’s camp were becoming increasingly strained. However, Morrissey proposed a deal to Baldwin in October for him to admit guilt to a misdemeanor charge of negligent use of a deadly weapon and serve a suspended sentence. Weeks passed without a response. To Morrissey’s surprise, he found out that Baldwin’s team had disclosed the plea arrangement details to NBC News with plans to sue the state of New Mexico. Additionally, according to a court filing in April by the prosecutor, Baldwin reportedly urged a crew member to participate in a documentary commissioned by himself.
The proposal made by Morrissey was retracted, leading the matter to be presented before a grand jury. In January, an indictment against Baldwin ensued, and he entered a plea of not guilty.
As a seasoned journalist who has covered numerous high-profile trials throughout my career, I can confidently say that the ongoing trial in New Mexico marks one of the most noteworthy court actions in the state’s 112-year history. Given my extensive experience with such legal proceedings, I find it remarkable that this particular case has garnered such widespread attention and interest from both the public and legal experts. The stakes are undeniably high for all parties involved, making it a significant gamble for the prosecution to pursue this complex legal battle.
“According to New York lawyer Duncan Levin, who spoke on Thursday, this particular case shouldn’t have been charged criminally in his opinion. He explained that the shooting was an unfortunate accident and errors do not equate to criminal offenses.”
The case against Morrissey and prosecutor Erlinda O. Johnson began unraveling not too long after it had started. On the second day of testimony, Baldwin’s legal team submitted a request to dismiss the case. Judge Marlowe Sommer scheduled a hearing for 8:45 a.m. on Friday and instructed the lawyers to appear, while asking the jury to be present by 9:30 a.m.
At the hearing on Friday, Spiro initiated the proceedings by charging Morrissey with guiding her witnesses. Following this, Nikas presented a list of perceived violations of rules regarding evidence. The source of controversy was a bag of bullets given to the Sheriff’s Office by Troy Teske, a retired police officer residing in Arizona, in March. This potentially significant evidence was not previously shared with the defense.
Morrissey argued that the envelope didn’t have anything significant for investigation since the bullets were still in Arizona, away from where “Rust” was being filmed.
“Law professors at the University of New Mexico, including Joshua Kastenberg, emphasize that it goes against the norm when starting your career as a prosecutor. Unlike what you learn in law school, prosecutors should not decide which evidence is important; instead, that responsibility falls to the judge.”
The judge put on a pair of blue latex gloves with a serious expression and carefully cut open the evidence envelope.
Marlowe Sommer directed crime scene technician Marissa Poppell to categorize the bullets.
The courtroom was filled with intakes of breath as it came to light that among the bullets found was three with Starline Brass casings – a telltale sign of the lethal ammunition used in the TV show “Rust.”
The judge, enraged, cancelled the testifying day and dismissed the jurors, who were already in a holding room. Newly appointed prosecutor, Johnson, stepped down from the case and sat on a bench meant for the general public.
The value of Teske’s bullets was disputed between the two parties. Teske, who was once close friends with ammo supplier Kenney and currently allies with Thell Reed, became a point of contention. Lawyers for Baldwin suggested that these bullets could potentially implicate Kenney as one of Morrissey’s key witnesses.
In her dispute with Morrissey, she asserted that the bullets implicated Thell Reed alone. According to her claims, his daughter was the one who brought the ammunition to the “Rust” film set.
The judge expressed concern that the deputies recorded the Teske bullet casings under a different file number instead of the one associated with the “Rust” investigation. Consequently, defense lawyers were unable to locate these crucial pieces of evidence independently.
I was intrigued as Marlowe Sommer interrogated Alexandria Hancock, the lead detective, during the courtroom proceedings. The inquisitive judge brought up a point of interest: Had Morrissey been part of any conversations regarding the Teske bullets this past spring?
“Yes,” Hancock said. Louder gasps were heard in the courtroom.
Towards the close of the trial, Morrissey stepped up to testify, aiming to explain her actions. However, the judge remained unconvinced.
From the perspective of the prosecution, there was no valid reason for the incident that occurred. The consequences of this event are only beginning to unfold.
“Rust” legal wranglings are not over.
Some civil lawsuits against Baldwin and the production team over the Hutchins case are still ongoing, involving claims from Hutchins’ relatives.
“Brian Panish, representing Matthew Hutchins, expressed respect towards the court’s ruling dismissing Alec Baldwin’s case. They are eager to bring all relevant evidence before a jury and hold Mr. Baldwin responsible for Halyna Hutchins’ tragic demise.”
Gloria Allred, speaking on behalf of the Ukrainian victims’ family, stated, “Dropping the criminal charges against Alec Baldwin doesn’t mean he’s been cleared of any wrongdoing.”
An alternate interpretation was held by others, among them being LeAnn Brightwell, a new resident of Santa Fe at the age of 80, who recently relocated from Palm Desert.
“Brightwell expressed his disbelief that the man was accused of murder, stating, ‘He shouldn’t have been charged.’ The thought of taking a life is a terrible burden, Brightwell believed.”
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2024-07-18 21:39