# 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:** 149
**Author:** ![Seanette](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/seanette/32/9139_2.png) [@Seanette](https://boards.straightdope.com/u/Seanette)\ **Post date:** [September 4, 2024, 8:37pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2988 "2024-09-04T20:37:16Z")
IANAL, but isn’t that getting awfully close to double jeopardy? ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [September 4, 2024, 9:04pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2989 "2024-09-04T21:04:30Z")
Asking law-talking dopers: is this request in the context of an appeal of the court’s dismissal of the case? I can’t tell from the news reports. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [September 4, 2024, 9:16pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2990 "2024-09-04T21:16:28Z")
There are four kinds of double jeopardy in the US. 1. Being prosecuted again for the same charge after acquittal. 2. Being prosecuted again for the same charge after conviction. 3. Being prosecuted again for the same charge after certain types of mistrials. 4. Being punished multiple times for the same indictment. Since the case against Baldwin was dismissed, there is no opportunity for double jeopardy, as there was no acquittal, conviction, or mistrial. The case was just dismissed and the trial ended. (Note that IANAL either, just a guy looking up crap on the web.) I’d also say to the prosecutor who is asking to get this case started again, I’m sure there’s some legal equivalent of the phrase, “stop digging”. ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [September 4, 2024, 9:27pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2991 "2024-09-04T21:27:17Z")
> [@Atamasama](#): > > The case was just dismissed and the trial ended. Dismissed _with prejudice_, which means that the charges can’t be filed again. AFAIK, the only play left available for the prosecution would be a direct appeal of the dismissal, which is why I’m asking earlier for information about the context of this argument. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [September 4, 2024, 9:29pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2992 "2024-09-04T21:29:20Z")
> [@gnoitall](#): > > Dismissed _with prejudice_, which means that the charges can’t be filed again. Correct, unless some court reverses that ruling somehow. (I don’t know what that mechanism would be, clearly right now they’re asking the judge to change their mind.) But if that ruling were reversed, it would not be double jeopardy. Remember what comment I was responding to with my post. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [September 4, 2024, 11:53pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2993 "2024-09-04T23:53:45Z")
> [@Leaper](#): > > Prosecutor wants another bite of the apple. Man, that guy really loves the spotlight. ---
**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\ **Post date:** [September 5, 2024, 12:50am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2994 "2024-09-05T00:50:46Z")
Gal, if it matters. And apparently conservative, IIRC. ---
**Author:** ![Zakalwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zakalwe/32/270_2.png) [@Zakalwe](https://boards.straightdope.com/u/Zakalwe)\ **Post date:** [September 5, 2024, 2:20am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2995 "2024-09-05T02:20:59Z")
> [@Atamasama](#): > > But if that ruling were reversed, it would not be double jeopardy. Okay, federal vs. state, but I thought one of the concerns in the Trump docs trial was that Cannon would wait until the trial started _and jeopardy attached_, then dismiss it - which would preclude ANY trial on the same charges. No mention of getting her reversed and resetting the clock so to speak. ETA: No trying to start that fight here, just mentioning it as why I thought this case was over. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [September 5, 2024, 2:49am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2996 "2024-09-05T02:49:08Z")
> [@Zakalwe](#): > > Okay, federal vs. state, but I thought one of the concerns in the Trump docs trial was that Cannon would wait until the trial started _and jeopardy attached_, then dismiss it - which would preclude ANY trial on the same charges. No mention of getting her reversed and resetting the clock so to speak. Note that while initially double jeopardy only applied to federal law, it became part of state law via incorporation (specifically in the 1969 case _Benton v. Maryland_) per a SCOTUS ruling. You are correct that jeopardy was applied in this case, as it applies to any case once the prosecution begins. In a jury trial, it begins when the jury is empaneled, and in a bench trial it begins once the first witness is sworn in. > **[jeopardy](https://www.law.cornell.edu/wex/jeopardy)** But this would be a continuance of the previous prosecution, which was halted, not concluded. I believe that is why double jeopardy would not apply. This Wikipedia article talks about the situations where double jeopardy applies. And yes, it’s Wikipedia so not a definitive source, and I’m not a lawyer so I very much can be wrong about this. > **[Double Jeopardy Clause](https://en.wikipedia.org/wiki/Double_Jeopardy_Clause)** > > The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "\[N\]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense: > Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea uncon... Now in searching for specifics to this case, I found this article: > **[Alec Baldwin’s ‘Rust’ Case Dismissed After Surprise Bullets Revealed in Court](https://variety.com/2024/film/news/alec-baldwins-rust-trial-bullets-surprise-1236069357/)** > > Alec Baldwin's case has been dismissed, as a judge blasted the prosecution for failing to turn over bullets. And it says the following: > Judge Mary Marlowe Sommer threw out the case, ruling that no other sanction was sufficient. > > “The state is highly culpable for its failure to provide discovery to the defendant,” Marlowe Sommer said. “Dismissal with prejudice is warranted.” > > Marlowe Sommer ruled that under the principle of double jeopardy, Baldwin cannot be retried. She made clear she was appalled at the prosecution’s failures. And in this article: > **[Alec Baldwin’s first words after being released from the trial for the ‘Rust’...](https://en.as.com/latest_news/alec-baldwins-first-words-after-being-released-from-the-trial-for-the-rust-case-n/)** > > Alec Baldwin has broken his silence after the case in which his was accused of the involuntary manslaughter of Halyna Hutchins was dismissed. > As to whether Baldwin can face another trial in the future over what happened in 2021 on the set of ‘Rust’, Judge Marlowe Sommer ruled that, **according to the principle of double jeopardy, Baldwin cannot be tried again.** So the judge is saying that a new trial would be double jeopardy, but I believe the prosecution is asking for the resumption of the previous trial. Though I’m not sure if that is legally possible when a case is dismissed with prejudice. It certainly, in my opinion, makes the prosecution look bad, particularly after the way the judge completely excoriated the prosecution for their misconduct. ---
**Author:** ![Zakalwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zakalwe/32/270_2.png) [@Zakalwe](https://boards.straightdope.com/u/Zakalwe)\ **Post date:** [September 5, 2024, 2:59am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2997 "2024-09-05T02:59:18Z")
So the judge said ‘nah uh’, the prosecutor is going for but I strenuously object? “It’s a bold strategy, Cotton, let’s see if it pays off for [her].” ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [September 5, 2024, 3:10am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2998 "2024-09-05T03:10:05Z")
> [@Zakalwe](#): > > So the judge said ‘nah uh’, the prosecutor is going for but I strenuously object? Pretty much, LOL. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [September 7, 2024, 4:17am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/2999 "2024-09-07T04:17:38Z")
The judge refused to consider the filing by special prosecutor Kari Morrissey to reconsider the dismissal of the charges because the 52-page filing exceeded the 10-page limit for such filings. Morrissey is a fucking clown. > **[‘Rust’ Judge Denies Prosecutor’s Move to Reopen Alec Baldwin Case on...](https://variety.com/2024/film/news/rust-alec-baldwin-judge-denies-motion-revive-manslaughter-case-1236135080/)** > > Judge Mary Marlowe Sommer rejected a state motion to revive the Alec Baldwin case because the motion was too long. ---
**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:** [September 10, 2024, 12:14am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/3000 "2024-09-10T00:14:09Z")
What stuck with me on this case was that a member of the prosecution team actually resigned, before the judge ever ruled on the matter, because of her belief that this “innocent, irrelevant” act amounted to misconduct warranting a dismissal. IANAL, but that seems pretty damning. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [September 27, 2024, 2:03pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/3001 "2024-09-27T14:03:44Z")
> In a remote court hearing, an attorney for Hannah Gutierrez-Reed challenged her March conviction for involuntary manslaughter, alleging that prosecutors failed to share evidence including ammunition that might have been exculpatory in the shooting death that occurred on the set of the Western movie “Rust” in 2021. > > Judge Mary Marlowe Sommer is reconsidering the armorer’s felony conviction after throwing out an involuntary manslaughter case against Baldwin midtrial on similar grounds. > > “This pattern of (evidence) discovery abuse occurred in Ms. Gutierrez-Reed’s case in the same manner as it did in Mr. Baldwin’s case,” said Jason Bowles, lead defense attorney to Gutierrez-Reed. > **[Judge prepares ruling on possible retrial of movie armorer in fatal set...](https://apnews.com/article/alec-baldwin-movie-armorer-appeal-53277e8c094e50bfd71dfe053dc4e97e)** > > A judge heard court arguments in the possible dismissal of a criminal conviction against a movie armorer in the shooting death of a cinematographer by actor Alec Baldwin, and says she'll release a ruling next week. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [September 27, 2024, 7:36pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/3002 "2024-09-27T19:36:20Z")
> [@PastTense](#): > > “This pattern of (evidence) discovery abuse occurred in Ms. Gutierrez-Reed’s case in the same manner as it did in Mr. Baldwin’s case,” said Jason Bowles, lead defense attorney to Gutierrez-Reed. Man, Morrissey must either have a hate on for Baldwin or really love the spotlight here. She is cruising for a disbarment hearing if this keeps up. ---
**Author:** ![Zakalwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zakalwe/32/270_2.png) [@Zakalwe](https://boards.straightdope.com/u/Zakalwe)\ **Post date:** [September 28, 2024, 12:29am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/3003 "2024-09-28T00:29:34Z")
> [@DrDeth](#): > > or really love the spotlight here. I really think this is it. She fell in love with having the camera on her and was planning to turn all of this into a bigger career. Unfortunately, it turns out she skipped the day they taught law at law school. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [October 1, 2024, 11:46am UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/3004 "2024-10-01T11:46:00Z")
Hannah is staying put during the Appeal. All this drama over a 18 month sentence. There’s no appeal for Halyna Hutchins and the kids growing up without a mom. I expect Hannah will win on appeal because of that prosecutor’s mistakes. > **['Rust' armorer Hannah Gutierrez-Reed denied release from prison](https://www.nbcnews.com/news/us-news/rust-armorer-hannah-gutierrez-reed-denied-release-prison-rcna172784)** > > A manslaughter charge against star and producer Alec Baldwin was dismissed in July. ---
**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\ **Post date:** [October 1, 2024, 6:27pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/3005 "2024-10-01T18:27:05Z")
> [@aceplace57](#): > > All this drama over a 18 month sentence. It was about clearing the conviction. She’ll have already served a lot of the term before she gets out, but being legally exonerated is worth something even if it is just on a technicality. She may never work on a set again, but it is easier to get any kind of job if you don’t have to cop to being a convicted felon. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [October 1, 2024, 9:43pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/3006 "2024-10-01T21:43:06Z")
Hannah’s record will be cleared if she wins the appeal. That’s built-into the judicial system. Hannah should get a chance to start over. Move forward and do something positive with her life. She should serve most of that 18 months. I didn’t want to see her released now after only being [sentenced since April 15](https://www.cbsnews.com/news/hannah-gutierrez-reed-rust-armorer-shooting-sentence-hearing-involuntary-manslaughter-halyna-hutchins-alec-baldwin-new-mexico/). That’s less than six months. Her job was to maintain the guns and make certain they were handled safely. Her entire approach to the job was irresponsible. The jury found her negligent. Other people like Assistant Director Dave Halls shared responsibility. But the prosecutor agreed to a deal. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [October 6, 2024, 11:29pm UTC](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960/3007 "2024-10-06T23:29:35Z")
> The Western film will now see its world premiere in late November at **Poland’s Camerimage International Film Festival**. > **['Rust' movie will get world premiere 3 years after cinematographer's on-set...](https://www.npr.org/2024/10/03/g-s1-26182/rust-alec-baldwin-movie-world-premiere-halyna-hutchins)** > > The Western will premiere at a Polish film festival next month at a screening to honor the cinematographer. Hutchins was killed in 2021 after a loaded prop gun handled by actor Alec Baldwin went off. Anyone know anything about this festival? [My guess is they scraped the bottom of the barrel–that none of the big festivals had any interest.] [Previous page](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960.md?page=148) [Next page](https://boards.straightdope.com/t/alec-baldwin-accidentally-kills-crew-member-with-prop-gun-2021-10-21/952960.md?page=150)