# Alec Baldwin \[accidentally\] Kills Crew Member with Prop Gun {2021-10-21} **URL:** \ **Category:** Cafe Society\ **Tags:** breaking-news\ **Created:** [October 22, 2021, 2:38am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960 "2021-10-22T02:38:57Z")\ **Posts on this page:** 20\ **Page:** 146
**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\ **Post date:** [July 13, 2024, 7:11pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2928 "2024-07-13T19:11:55Z")
And as soon as people ask for an attorney, too often they assume the person’s guilty and set out to prove it. ---
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [July 13, 2024, 7:14pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2929 "2024-07-13T19:14:41Z")
I don’t think it takes them nearly so long to jump to that conclusion. But doubtless they are going to be annoyed when a suspect refuses to just confess for them and so they have to actually perform an investigation. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [July 13, 2024, 8:33pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2930 "2024-07-13T20:33:31Z")
I don’t see any “message” that needed to be sent that wasn’t sent already. Baldwin has already learned the “lesson” a million times over without the need for a guilty verdict. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [July 13, 2024, 9:42pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2931 "2024-07-13T21:42:44Z")
> [@ASL\_v2.0](#): > > So what’s more likely? What’s more likely? Lying and putting their career on the line to try and influence a minor trial that had already finished (and so very unlikely to be affected) or to influence the most important trial in the depts history where the DA has gone out on a limb, and put their career on the line, to prosecute an A list celebrity? Its a no brainer to me. > some low-level Sheriff’s Office employees realized they screwed up or else were going to be embarrassed by inconvenient evidence arriving just at the end of a high profile trial If that happened (which is super super unlikely, this was an evidence clerk, knowing the rules of evidence are pretty much their only job) it’s still a conspiracy. It’s simply not plausible that the DA could hear that story and go “oh these bullets from the Rust set don’t seem relevant to the MOST IMPORTANT CASE I have ever prosecuted in my life, go ahead and file them in another case file”, without meaning to hide evidence in that case. That’s what the judge said in effect, and I agree ---
**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\ **Post date:** [July 13, 2024, 9:46pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2932 "2024-07-13T21:46:45Z")
What odds they make the evidence tech the scapegoat? ---
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [July 13, 2024, 10:44pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2933 "2024-07-13T22:44:35Z")
You seem to miss the point that the evidence, if properly filed, was of zero probative value in the Baldwin trial. It’s only value to Baldwin was likely as impeachment evidence, and then only in a very circular way: it was impeachment evidence to attack the credibility of state actors because those state actors failed to properly handle the very same evidence, thus calling into question their motivations and competence. Had it been properly filed to begin with, it seems unlikely it would have even been useful as impeachment evidence. ETA: And just to highlight that the evidence was slightly less useless to Gutierrez-Reed (whose family friend of all people had magically discovered it and reported it only after the guilty verdict—one hell of a coincidence), it appears the judge could still have ordered a new trial at that point: > **[Rule 5-614 - Motion for new trial, N.M. R. Crim. P. Dist. Ct. 5-614 |...](https://casetext.com/rule/new-mexico-court-rules/new-mexico-rules-of-criminal-procedure-for-the-district-courts/article-6-trials/rule-5-614-motion-for-new-trial)** > > Read Rule 5-614 - Motion for new trial, N.M. R. Crim. P. Dist. Ct. 5-614, see flags on bad law, and search Casetext’s comprehensive legal database And, again, at that particular moment in time, Gutierrez-Reed’s trial was surely by far the most widely covered trial out of Santa Fe in living memory, if not ever. So it’s hardly as if it wasn’t a big deal in its own right. ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [July 13, 2024, 10:52pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2934 "2024-07-13T22:52:38Z")
Why did the judge think so? Serious question, not a gotcha. Someone earlier said the judge may have just ruled incorrectly, but when I read that the co-prosecutor resigned specifically because she believed that the state should have dismissed because of the withheld evidence—well, when two experts intimately familiar with the case (including a member of the prosecution) believe all three prongs required for dismissal were met, I have to assume there was probative value, even if minor. ---
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [July 13, 2024, 10:55pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2935 "2024-07-13T22:55:19Z")
The link to a CNN article @EddyTeddyFreddy posted earlier today is so far the closet thing to a breakdown of the judge’s reasoning that I have seen: > [@Alec Baldwin \[accidentally\] Kills Crew Member with Prop Gun {2021-10-21}](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2924): > > [CNN online has a good article](https://www.cnn.com/2024/07/13/entertainment/alec-baldwin-rust-trial-dismissed/index.html) today about the dismissal, goes through the three Brady factors for analyzing whether withheld evidence should be grounds for dismissal, quotes the judge’s findings on each prong, and explains in layman’s terms what it all means; also notes that at the very least the armorer’s attorneys will be filing to have her case dismissed as well. ETA: This whole screwed up case has put me in mind of what an acquaintance said about the OJ Simpson trial and verdict: “That’s … Fingers crossed Legal Eagle or similar puts out a video in the next few days. ---
**Author:** ![steronz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steronz/32/11765_2.png) [@steronz](https://boards.straightdope.com/u/steronz)\ **Post date:** [July 13, 2024, 10:57pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2936 "2024-07-13T22:57:04Z")
Correct me if I’m wrong, but didn’t the prosecutor say that she examined the rounds and didn’t think they were relevant because visually they looked nothing like the rounds found on set? And then the judge very dramatically did the same visual inspection and decided that one of the rounds very much DID look relevant? That, to me, suggests the prosecutor is lying and was trying to hide evidence. Or they’re incompetent at telling when two things look the same. ---
**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\ **Post date:** [July 13, 2024, 10:59pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2937 "2024-07-13T22:59:42Z")
The prosecutor based her assessment on a photo. ---
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [July 13, 2024, 11:00pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2938 "2024-07-13T23:00:31Z")
> [@steronz](#): > > Correct me if I’m wrong, but didn’t the prosecutor say that she examined the rounds and didn’t think they were relevant because visually they looked nothing like the rounds found on set? I believe, but am not certain, that the prosecutor said she only examined a _picture_ of the rounds before concluding they were nothing like the ones found on set. Which, if that is how it went down, would lend further credence to the idea that sheriff’s department employees tried to pull the wool over her eyes and the defense’s to cover up their own blunder, thus making a minor nuisance into an absolute catastrophe for the prosecution. While I now accept the judge’s conclusion, I still believe this prosecution had merit in principle, and am kind of pissed that it was botched in such an idiotic way. ---
**Author:** ![steronz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steronz/32/11765_2.png) [@steronz](https://boards.straightdope.com/u/steronz)\ **Post date:** [July 13, 2024, 11:00pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2939 "2024-07-13T23:00:34Z")
Maybe it was blurry. ---
**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\ **Post date:** [July 13, 2024, 11:02pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2940 "2024-07-13T23:02:00Z")
I’m answering a factual question, not speculating on how good a photo it was. Fact: She based her assessment on a photo. Fact: The judge looked at the bullets. ---
**Author:** ![steronz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steronz/32/11765_2.png) [@steronz](https://boards.straightdope.com/u/steronz)\ **Post date:** [July 13, 2024, 11:02pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2941 "2024-07-13T23:02:37Z")
Sorry, I was just making a dumb joke. I do appreciate the correction. ---
**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\ **Post date:** [July 13, 2024, 11:06pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2942 "2024-07-13T23:06:32Z")
That being the case, I see and appreciate your joke. ---
**Author:** ![EllisDee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ellisdee/32/4531_2.png) [@EllisDee](https://boards.straightdope.com/u/EllisDee)\ **Post date:** [July 13, 2024, 11:18pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2943 "2024-07-13T23:18:35Z")
> [@ASL\_v2.0](#): > > I still believe this prosecution had merit in principle, and am kind of pissed that it was botched in such an idiotic way. I still believe this prosecution was bullshit from the beginning, and that instead of being about justice it was about trying to stick it to Alec Baldwin. This conclusion has done nothing to dissuade me from that belief. I think every aspect of this case was handled with the same amount of integrity as displayed by this specific instance of withholding evidence. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [July 13, 2024, 11:22pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2944 "2024-07-13T23:22:52Z")
> [@ASL\_v2.0](#): > > You seem to miss the point that the evidence, if properly filed, was of zero probative value in the Baldwin trial It absolutely wasn’t of ZERO probative value. It wasn’t a get out of jail free card but it directly effected how the bullet that killed that women ended up in the gun. That is important evidence that the defense should have heard Again even if you are right and the primary purpose of the conspiracy was the other case, it still was a conspiracy in the Baldwin case. It’s simply unbelievable that the DA would not have considered that hiding evidence in the other case was also hiding it in the Baldwin. ---
**Author:** ![carrps](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carrps/32/2957_2.png) [@carrps](https://boards.straightdope.com/u/carrps)\ **Post date:** [July 13, 2024, 11:26pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2945 "2024-07-13T23:26:46Z")
> [@EllisDee](#): > > I still believe this prosecution was bullshit from the beginning, and that instead of being about justice it was about trying to stick it to Alec Baldwin. > > This conclusion has done nothing to dissuade me from that belief. I think every aspect of this case was handled with the same amount of integrity as displayed by this specific instance of withholding evidence. This, sadly, is the conclusion I’ve reached. ---
**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\ **Post date:** [July 13, 2024, 11:33pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2946 "2024-07-13T23:33:02Z")
Same here. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [July 14, 2024, 12:02am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2947 "2024-07-14T00:02:45Z")
> [@Velocity](#): > > I don’t see any “message” that needed to be sent that wasn’t sent already. Baldwin has already learned the “lesson” a million times over without the need for a guilty verdict. Well, there is the stain on his reputation, the time and stress this has cost him, and tens of thousands in legal bills. One friend of mine in the Movie biz said this when the Judge dismissed the case- “Good, I think Baldwin is an asshole, but that case was ridiculous on its face!” [Previous page](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960.md?page=145) [Next page](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960.md?page=147)